Warner v Hung, in the matter of Bellpac Pty Ltd (Receivers and Managers Appointed) (In Liquidation) [2013] FCA 120

FEDERAL COURT OF AUSTRALIA

Warner v Hung, in the matter of Bellpac Pty Ltd (Receivers and Managers Appointed) (In Liquidation) [2013] FCA 120 Citation: Warner v Hung, in the matter of Bellpac Pty Ltd (Receivers and Managers Appointed) (In Liquidation) [2013] FCA 120

Parties: ANTHONY JOHN WARNER AND STEVEN KUGEL IN THEIR CAPACITIES AS JOINT AND SEVERAL LIQUIDATORS OF BELLPAC PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 101 713 017 and BELLPAC PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 101 713 017 v KEN YUK KEE HUNG, AUSTCORP INTERNATIONAL LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 003 132 090, ALFRED WONG, DANNY AU-YEUNG, SHAN PEI INVESTMENT LIMITED, GOOD TEAM INVESTMENTS LIMITED, GREAT INVESTMENTS LIMITED, OSMOND TZE LEUNG KWOK, HONG XU, ZHI HONG, CHIAH CHEANG LEE, CHJARAT NRE COKING COAL LIMITED (FORMERLY KNOWN AS GUJARAT NRE MINERALS LIMITED), ALL SEASONS RESOURCES INC and VIEW PLAN RESOURCES LIMITED

File number(s): NSD 1063 of 2012

Judge: GRIFFITHS J

Date of judgment: 18 February 2013

Catchwords: PRACTICE AND PROCEDURE – substituted service – whether personal service impractical – service of originating application outside jurisdiction – whether prima facie case of an entitlement to relief sufficient to warrant an order for service outside the jurisdiction

Legislation: Federal Court Rules 2011 rr 10.1, 10.24 and 10.42 Rules of the High Court (Hong Kong) O 10 r 1

Cases cited: Warner v Hung, in the matter of Bellpac Pty Ltd (Receivers and Managers Appointed) (No 2) [2012] FCA 1123

Date of hearing: 18 February 2013

Place: Sydney