Connelly (liquidator), in the matter of CIMC Rolling Stock Australia Pty Ltd (in liq) v One Rail Australia (FLA) Pty Ltd [2021] FCA 1023

Federal Court of Australia

Connelly (liquidator), in the matter of CIMC Rolling Stock Australia Pty Ltd (in liq) v One Rail Australia (FLA) Pty Ltd [2021] FCA 1023 File number(s): QUD 134 of 2021

Judgment of: DOWNES J

Date of judgment: 27 August 2021

Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking orders for substituted service – where it is not practicable to effect personal service – where person lives in Australia – where another party's solicitors had recent email contact with person – where person is aware of proceedings – application granted.

Legislation: Federal Court Rules 2011 (Cth) r 10.24

Cases cited: British American Tobacco Australasia Limited v Taleb (No 1) [2012] FCA 1065 Commissioner of Taxation v Caratti (No 2) [2018] FCA 1500 Rowe (by next friend Guscott) v Barton as Trustee for Barton Family Trust trading as Sealwerx WA [2021] FCA 196

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 23

Date of hearing: The application was determined on the papers

Counsel for the Cross-Claimant: Mr E Hyde

Solicitor for the Cross-Claimant: King & Wood Mallesons

Counsel for the Third Cross-Defendant: The Third Cross-Defendant did not appear

ORDERS QUD 134 of 2021 CONNELLY (LIQUIDATOR), IN THE MATTER OF CIMC ROLLING STOCK AUSTRALIA PTY LTD (IN LIQ) V ONE RAIL AUSTRALIA (FLA) PTY LTD BETWEEN: ANTHONY NORMAN CONNELLY AND WILLIAM JAMES HARRIS AS LIQUIDATORS OF CIMC ROLLING STOCK AUSTRALIA PTY LTD (IN LIQUIDATION) ACN 083 334 696 First Plaintiff