Duncan v Shrestha, in the matter of Shrestha (a bankrupt) [2022] FCA 1090

Federal Court of Australia

Duncan v Shrestha, in the matter of Shrestha (a bankrupt) [2022] FCA 1090 File number(s): VID 442 of 2022

Judgment of: GOODMAN J

Date of judgment: 14 September 2022

Catchwords: BANKRUPTCY AND INSOLVENCY – interim application for orders concerning substituted service – respondent usually resident in Victoria – respondent refuses to provide address for service but has been in regular contact by email with the trustees of his estate – orders for service by email made

Legislation: Cross-Border Insolvency Act 2008 (Cth), Schedule 1 Federal Court (Bankruptcy) Rules 2016 (Cth), r 14.03 Federal Court Rules 2011 (Cth), rr 1.34, 1.35, 8.06, 10.01, 10.24

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 10

Date of hearing: 14 September 2022

Counsel for the Applicants: Ms K Petch

Solicitor for the Applicants: Gilbert & Tobin Lawyers

Counsel for the Respondent: No appearance by the respondent

ORDERS VID 442 of 2022 IN THE MATTER OF SHRESTHA (A BANKRUPT) BETWEEN: CAMERON LINDSAY DUNCAN AND DAVID DONG-WON KIM IN THEIR CAPACITY AS TRUSTEES OF THE BANKRUPT ESTATE OF ASHISH MAN SHRESTHA Applicants

AND: ASHISH MAN SHRESTHA (THE BANKRUPT) Respondent

order made by: GOODMAN J DATE OF ORDER: 14 september 2022

THE COURT ORDERS THAT:

1. Pursuant to rule 10.24 of the Federal Court Rules 2011 (Cth) and for the purposes of r 14.03(3) of the Federal Court (Bankruptcy) Rules 2016 the applicants shall be taken to have effected service on the respondent of the following documents: (a) the application filed in these proceedings on or about 28 July 2022; (b) the interim application filed in these proceedings on or about 28 July 2022; (c) the affidavits of Mr David Dong-Won Kim sworn 28 July 2022 and 12 September 2022; (d) the affidavit of Mr Peter Andrew Hession affirmed 28 July 2022; (e) submissions of counsel dated 13 September 2022; and (f) these orders, by sending a copy of those documents, marked to the attention of the respondent, to the email address: chairman@bishwoholdings.com. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.