Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang, in the matter of Royal Express Pty Ltd (No 3) [2021] FCA 611

Federal Court of Australia

Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang, in the matter of Royal Express Pty Ltd (No 3) [2021] FCA 611 File number: VID 287 of 2021

Judgment of: O'BRYAN J

Date of judgment: 4 June 2021

Date of publication of reasons: 7 June 2021

Catchwords: PRACTICE AND PROCEDURE – substituted service – whether leave should be granted by the Court pursuant to Rule 10.24 of the Federal Court Rules 2011 for the plaintiff to serve documents on the first defendant using the proposed method of substituted service

Legislation: Corporations Act 2001 (Cth) ss 181, 182 Federal Court Rules 2011 (Cth) r 10.24

Cases cited: Australian Competition and Consumer Commission v Yellow Page Marketing BV [2010] FCA 1218 Commissioner of Taxation v Zeitouni [2013] FCA 1011; 306 ALR 603 Porter v Freudenberg [1915] 1 KB 857 Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang [2021] FCA 585 Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang (No 2) [2021] FCA 593

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 12

Date of hearing: Determined on the papers

Solicitor for the Plaintiff: Allens

ORDERS VID 287 of 2021 IN THE MATTER OF ROYAL EXPRESS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATOR APPOINTED) ACN 159 689 139 BETWEEN: ROYAL EXPRESS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATOR APPOINTED) ACN 159 689 139 Plaintiff