Agnish Pty Limited v Folio Invest Pty Limited (No 2) [2019] FCA 1041

FEDERAL COURT OF AUSTRALIA

Agnish Pty Limited v Folio Invest Pty Limited (No 2) [2019] FCA 1041 File number: NSD 1006 of 2018

Judge: GRIFFITHS J

Date of judgment: 2 July 2019

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for deemed service and substituted service under rr 10.48 and 10.49 of the Federal Court Rules 2011 (Cth) – where the third respondent resides in Sierra Leone – where four attempts to personally serve the third respondent in Sierra Leone were unsuccessful – where the third respondent has previously filed a defence and an affidavit on behalf of the first and second respondents – interlocutory application granted – orders made in accordance with the applicant's short minutes of order

Legislation: Federal Court Rules 2011 (Cth) rr 10.48, 10.49

Date of hearing: 2 Jul 2019

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 3

Counsel for the Applicant: Mr J R Anderson

Solicitor for the Applicant: Lazarus Legal Group Pty Limited

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: 2 July 2019

THE COURT ORDERS THAT:

1. Pursuant to r 10.48 of the Federal Court Rules 2011 (Cth) the following documents be taken to have been served on the third respondent, Bradly Clive James Bilbie, on the following dates: (a) the originating application dated 12 June 2018 be taken to have been served on 18 July 2018; (b) the statement of claim dated 12 June 2018 be taken to have been served on 18 July 2018; (c) the affidavit of Arun Aggarwal affirmed on 19 February 2019 and exhibit AA-1 to that affidavit be taken to have been served on 26 April 2019, (together, the Documents). 2. Pursuant to r 10.49 of the Federal Court Rules 2011 (Cth), the applicant may serve copies of: (a) the amended interlocutory application dated 21 August 2018; and (b) the orders made by Griffiths J in this proceeding on 11 December 2018, by email to (c) brad.bilbie@folioinvest.com.au; and (d) bradbilbie@gmail.com 3. By 8:00pm (AEST) on 2 July 2019, the applicant is to serve a copy of these orders and on the respondents by email to: (a) brad.bilbie@folioinvest.com.au; and (b) bradbilbie@gmail.com 4. By 8:00pm (AEST) on 5 July 2019, the applicant is to serve a copy of the reasons for judgement for these orders on the respondents by email to: (a) brad.bilbie@folioinvest.com.au; and (b) bradbilbie@gmail.com 5. Until, such time as the third respondent files a notice of address for service, or further order, service by the applicant of any further documents in this proceeding may be effected by the applicant sending a copy of such documents to the third respondent by email to the email address brad.bilbie@folioinvest.com.au and bradbilbie@gmail.com. 6. The costs of the interlocutory application filed on 1 July 2019 be costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.