Federal Court of Australia
Federal Court of Australia
Frisken v Holdsworth, in the matter of Realmark Services Pty Limited (in liq) (No 2) [2023] FCA 268 File number(s): VID 459 of 2022
Judgment of: O'BRYAN J
Date of judgment: 24 March 2023
Catchwords: PRACTICE AND PROCEDURE – ex parte application for extension of time for service of originating process following unsuccessful attempts at service – whether good reason to grant extension and whether any irremediable prejudice to defendant – order for extension made
Legislation: Federal Court (Corporations) Rules 2000 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Frisken v Holdsworth, in the matter of Realmark Services Pty Limited (in liq) [2022] FCA 1173 Weston v Publishing and Broadcasting Ltd [2007] NSWSC 1318
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 9
Date of hearing: 24 March 2023
Counsel for the Plaintiffs: Mr J Masters
Solicitors for the Plaintiffs: Polczynski Robinson
Counsel for the Defendant: No appearance
ORDERS VID 459 of 2022 IN THE MATTER OF REALMARK SERVICES PTY LIMITED (IN LIQUIDATION) (ACN 628 175 342) BETWEEN: DANIEL JOHN FRISKEN IN HIS CAPACITY AS LIQUIDATOR OF REALMARK SERVICES PTY LIMITED (IN LIQUIDATION) (ACN 628 175 342) First Plaintiff
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