Federal Court of Australia
Federal Court of Australia
Scottish Pacific Business Finance Pty Ltd v Qaqour, in the matter of Penny World Pty Ltd (receivers and managers appointed) (No 3) [2022] FCA 951 File number(s): NSD 444 of 2022
Judgment of: HALLEY J
Date of judgment: 10 August 2022
Date of publication: 16 August 2022
Catchwords: PRACTICE AND PROCEDURE – freezing orders – substituted service – joinder of parties to proceeding – where plaintiff allegedly advanced funds to fifth defendant based on fraudulent invoices – service outside jurisdiction – where real risk funds will be dissipated – leave granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) rr 7.32, 7.33, 9.05
Cases cited: Australian Information Commission v Facebook Inc [2020] FCA 531 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 Park (as trustee of the bankrupt estate of Tschannen) v Tschannen and Another (2016) 341 ALR 452; [2016] FCA 137 Scottish Pacific Business Finance Pty Ltd v Qaqour, in the matter of Penny World Pty Ltd (receivers and managers appointed) [2022] FCA 725 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 42
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