ACN 078 272 867 Pty Ltd (in liq) (formerly Advance Finances Pty Ltd) v Binetter, in the matter of ACN 078 272 867 Pty Ltd (in liq) (formerly Advance Finances Pty Ltd) [2018] FCA 952

FEDERAL COURT OF AUSTRALIA

ACN 078 272 867 Pty Ltd (in liq) (formerly Advance Finances Pty Ltd) v Binetter, in the matter of ACN 078 272 867 Pty Ltd (in liq) (formerly Advance Finances Pty Ltd) [2018] FCA 952 File number: NSD 2171 of 2016

Judge: LEE J

Date of judgment: 22 June 2018

Catchwords: PRACTICE AND PROCEDURE – application pursuant to r 13.01(1)(d) of the Federal Court Rules 2011 seeking orders discharging previous orders made granting leave to serve originating process on defendants in Israel – consideration of whether the plaintiffs have satisfied and are able to satisfy the requirements of r 10.43(4) of the Federal Court Rules 2011 for leave to serve the originating process on a person in a foreign country – whether the plaintiffs have satisfied the requirement to demonstrate a prima facie case for relief against the defendants in Israel – consideration of claims for relief made pursuant to the Corporations Act 2001 (Cth) and the Conveyancing Act 1919 (NSW) – where prima facie case demonstrated, at least with respect to the claim for relief pursuant to the Conveyancing Act 1919 (NSW) – consideration of whether to discharge the orders in the exercise of discretion – whether insufficient prospects of success to warrant putting overseas defendants to the time, expense and trouble of defending the claims – insufficient prospects not demonstrated on the evidence – application for orders discharging service ex juris dismissed

Legislation: Corporations Act 2001 (Cth), ss 5(4), 79, 181(1), 182(1), 208(3), 596A, 1317H, 1317K Federal Court of Australia Act 1976 (Cth), Pt VB Federal Court Rules 2011, rr 10.42, 10.43(4), 10.43(4)(a), 10.43(4)(b), 10.43(4)(c), 13.01(1)(b), 13.01(1)(d) Conveyancing Act 1919 (NSW), ss 37A, 37A(3)