Khatri (Trustee) v McDonald [2017] FCA 503

FEDERAL COURT OF AUSTRALIA

Khatri (Trustee) v McDonald [2017] FCA 503 File number: QUD 160 of 2017

Judge: LOGAN J

Date of judgment: 2 May 2017

Catchwords: PRACTICE AND PROCEDURE – substantial service – whether service should be deemed under r 10.23 of the Federal Court Rules 2011 (Cth) – service by email – whether personal service is "not practicable" – whether attempts were reasonable – where no personal details about respondent's residential or other address can be discovered despite exhaustive search – where respondent's email address is known and evidence supported inference that originating process and statement of claim had come to respondent's attention – order deeming service to have occurred made BANKRUPTCY AND INSOLVENCY – substantial service – whether service should be deemed under r 10.23 of the Federal Court Rules 2011 (Cth) – service by email – whether personal service is "not practicable" – whether attempts were reasonable – where no personal details about respondent's residential or other address can be discovered despite exhaustive search – where respondent's email address is known and evidence supported inference that originating process and statement of claim had come to respondent's attention – order deeming service to have occurred made

Legislation: Bankruptcy Act 1966 (Cth) s 120

Date of hearing: 2 May 2017

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Mr C Wilkins

Solicitor for the Applicant: Australian Law Partners