Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ahmed v Al-Hussain Pty Ltd t/as The Cheesecake Shop [2018] FCA 1741 File number: NSD 844 of 2018
Judge: RARES J
Date of judgment: 10 August 2018
Legislation: Fair Work Act 2009 (Cth) Federal Court Rules 2011 Hague Convention (Convention on the Service Abroad of Judicial Documents in Civil and Commercial Matters) done at the Hague on 15 November 2018
Cases cited: AIA Australia Ltd v Richards [2017] FCA 84 BY Winddown Inc v Vautin (2016) 249 FCR 262 Ho v Akai Pty Ltd (in liq) (2006) 247 FCR 205
Date of hearing: 10 August 2018
Registry: New South Wales
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: No Catchwords
Number of paragraphs: 20
Counsel for the Applicant: Ms H Mann
Solicitor for the Applicant: Marrickville Legal Centre
Counsel for the First and Third Respondents: Mr A Duc
ORDERS NSD 844 of 2018
BETWEEN: JAMEEL AHMED Applicant
AND: AL-HUSSAIN PTY LTD T/AS THE CHEESECAKE SHOP First Respondent
ZAHID HUSSAIN Second Respondent
SAQIB KHAYYAM AZAM BHATTI Third Respondent
JUDGE: RARES J DATE OF ORDER: 10 AUGUST 2018
THE COURT ORDERS THAT:
1. Zahid Hussain be substituted as the second respondent in lieu of Sughra Zahid with effect from the filing of the amended originating application. 2. Pursuant to r 10.43(2) of the Federal Court Rules 2011, the applicant have leave to serve the amended originating application, the further amended statement of claim in these proceedings and a copy of these orders upon Zahid Hussain, the second respondent, in Pakistan in accordance with Article 10(a) of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at The Hague on 15 November 1965, by sending it by international registered post with an acknowledgement of receipt to be provided to the applicant, to the following addresses: (a) 225- D, Railway Housing scheme-1, Gujar Khan. Rawalpindi- Pakistan; and (b) Zara Medical and Skin Care Centre, Service Road, Gujar khan, Rawalpindi, Pakistan. 3. The first and third respondents each file a defence to the further amended statement of claim, on or before 7 September 2018. 4. The proceeding be stood over for case management to 2 November 2018. 5. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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