Federal Court of Australia
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 (No 3) [2021] FCA 1183 File number(s): QUD 134 of 2021
Judgment of: DOWNES J
Date of judgment: 30 September 2021
Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking orders for substituted service on person located overseas – where it is not practicable to effect service under the Hague Convention – where person to be served continues to be a director of second plaintiff, which is an Australian corporation – consideration of circumstances in which it will be sufficient to demonstrate prima facie case against local party for purposes of obtaining leave to serve overseas – application granted with modifications.
Legislation: Competition and Consumer Act 2010 (Cth) s 138, Sch 2 Federal Court Act 1976 (Cth) s 22 Federal Court Rules 1979 (Cth) O 8 r 1(g), O 8 r 2(1) Federal Court Rules 2011 (Cth) rr 1.34, 9.02, 10.24, 10.42, 10.43, 10.44, 10.49
Cases cited: Australian Information Commission v Facebook Inc (2020) 144 ACSR 88; [2020] FCA 531 British American Tobacco Australasia Limited v Taleb (No 1) [2012] FCA 1065 By Winddown Inc v Vautin (2016) 249 FCR 262; [2016] FCAFC 168 Connelly (liquidator), in the matter of CIMC Rolling Stock Australia Pty Ltd (in liq) v One Rail Australia (FLA) Pty Ltd [2021] FCA 946 Costa Vraca Pty Ltd v Bell Regal Pty Ltd [2003] FCAFC 305 Ho v Akai Pty Ltd (in liq) (2006) 247 FCR 205; [2006] FCAFC 159 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd (2006) 154 FCR 425; [2006] FCAFC 116 Park (as trustee of the bankrupt estate of Tschannen) v Tschannen (2016) 341 ALR 452; [2016] FCA 137 Rowe (by next friend Guscott) v Barton as Trustee for Barton Family Trust trading as Sealwerx WA [2021] FCA 196 Tiger Yacht Management Pty Ltd (a company incorporated in the Cayman Islands) v Morris and Others (2019) 268 FCR 548; [2019] FCAFC 8 Trina Solar (US) Inc v Jasmin Solar Pty Ltd (2017) 247 FCR 1; [2017] FCAFC6
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