Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cooper (liquidator), in the matter of Disclinc Pty Ltd (in liq) v Difonzo [2020] FCA 1011 File number: SAD 66 of 2020
Judge: BESANKO J
Date of judgment: 12 June 2020
Date of Publication of Reasons: 16 July 2020
Catchwords: PRACTICE AND PROCEDURE — application for leave to serve originating process, statement of claim and affidavits outside of Australia pursuant to rr 10.42 to 10.43 of the Federal Court Rules 2011 (Cth) — service in accordance with Art 5 of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters — whether the Court has jurisdiction in the proceeding — whether the proceeding is of a kind mentioned in r 10.42 — whether the plaintiff has a prima facie case for all or any of the relief claimed — whether residual discretion to refuse leave to serve ought to be exercised
Legislation: Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters Art 5 Corporations Act 2011 (Cth) ss 588G, 588M, 1337B Federal Court Rules 2011 (Cth) rr 10.43, 10.44, 10.64 to 10.68
Cases cited: Jasmin Solar Pty Ltd v Trina Solar Australia Pty Ltd [2015] FCA 1453; (2015) 331 ALR 108 The Owners - Strata Plan No 87231 v 3A Composites GmbH [2019] FCA 811; (2019) 369 ALR 315
Date of hearing: 12 June 2020
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
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