Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Agnish Pty Limited v Folio Invest Pty Limited [2018] FCA 1992 File number: NSD 1006 of 2018
Judge: GRIFFITHS J
Date of judgment: 11 December 2018
Catchwords: PRACTICE AND PROCEDURE – leave to serve outside the jurisdiction – whether requirements of r 10.43 satisfied – whether Court should exercise its discretion to grant leave
Legislation: Australian Consumer Law, s 243(e) Australian Securities and Investments Commission Act 2001 (Cth), s 12GF(1) Corporations Act 2001 (Cth), s 1041I Federal Court Rules 2011 (Cth), rr 10.42, 10.43
Cases cited: Perdaman Chemicals & Fertilisers v Griffin Coal Mining Company Pty Ltd [2011] FCA 1425
Date of hearing: 11 December 2018
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: Mr J R Anderson
Solicitor for the Applicant: Lazarus Legal
Counsel for the Respondents: The Respondents did not appear
ORDERS NSD 1006 of 2018
BETWEEN: AGNISH PTY LIMITED (ACN 082 620 559) Applicant
AND: FOLIO INVEST PTY LIMITED (ACN 150 171 252) First Respondent
FOLIO PROPERTY PTY LIMITED (ACN 144 632 413) Second Respondent
BRADLEY CLIVE JAMES BILBIE Third Respondent
JUDGE: GRIFFITHS J DATE OF ORDER: 11 DECEMBER 2018
THE COURT ORDERS THAT:
1. Leave be granted to the applicant to serve on the third respondent the originating application and statement of claim dated 12 June 2018, the amended interlocutory application dated 21 August 2018 and these Orders, by way of personal service by a private agent in Sierra Leone and in accordance with the laws of the Republic of Sierra Leone. 2. The time fixed for the purpose of filing a notice of address for service by the third respondent be 21 days from the date of service of the documents referred to in Order 1. 3. The costs of the application be the applicant's costs in the cause. 4. The parties have liberty to apply on three days' notice.
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