Deng v Qi, in the matter of Qi [2023] FCA 589

Federal Court of Australia

Deng v Qi, in the matter of Qi [2023] FCA 589 File number(s): NSD 498 of 2023

Judgment of: GOODMAN J

Date of judgment: 2 June 2023

Date of publication of reasons: 6 June 2023

Catchwords: PRACTICE AND PROCEDURE – application for leave to serve outside the jurisdiction – leave not required because of r 10.42 of the Federal Court Rules (2011) (Cth) – application for order for substituted service – order made

Legislation: Bankruptcy Act 1966 (Cth), s 43 Federal Court Rules (2011) (Cth), rr 8.06, 10.01, 10.24, 10.42, 10.43

Cases cited: Federal Commissioner of Taxation v Zeitouni [2013] FCA 1011; (2013) 306 ALR 603 Ford, in the matter of Careers Australia Group Ltd (in liq) v Mansfield [2022] FCA 173

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 12

Date of hearing: 2 June 2023

Counsel for the Applicant: Dr A Greinke

Solicitor for the Applicant: Auyeung Hencent & Day Lawyers

Counsel for the Respondent: No appearance

ORDERS NSD 498 of 2023 IN THE MATTER OF LUO QI BETWEEN: JIAJING DENG Applicant

AND: LUO QI Respondent

order made by: GOODMAN J DATE OF ORDER: 2 JUNE 2023

THE COURT ORDERS THAT:

1. Pursuant to r 10.24 of the Federal Court Rules 2011 (Cth), until further order the applicant be granted leave to serve the creditor's petition and any other documents filed in the proceeding, by causing such documents to be sent together with a copy of this order to: (a) the WeChat profile 'luobb719'; (b) the WhatsApp account #0416685788; and (c) the email address 'Luo@luoqi.com.au'. 2. Pursuant to r 10.24 of the Rules, service shall be taken to have been effected on the respondent 14 days after the latest of the steps in 1(a), 1(b) and 1(c). 3. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.