Fine China Capital Investment Limited v Qi [2023] FCA 861

Federal Court of Australia

Fine China Capital Investment Limited v Qi [2023] FCA 861 File number: VID 560 of 2023

Judgment of: MOSHINSKY J

Date of judgment: 24 July 2023

Catchwords: PRACTICE AND PROCEDURE – application for freezing order – ex parte application for freezing order – service outside Australia – application for leave to serve order outside Australia – application for substituted service

Legislation: Federal Court Rules 2011, rr 10.42, 10.44, 10.45,10.46 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965

Cases cited: Gecko Australia Pty Ltd v Montagnese [2022] FCA 488 The Noco Company v Hong Kong Haowei Technology Co, Ltd [2023] FCA 533

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 17

Date of hearing: 24 July 2023

Counsel for the Prospective Applicant: Ms L De Ferrari SC

Solicitor for the Prospective Applicant: AJH Lawyers

ORDERS VID 560 of 2023

BETWEEN: FINE CHINA CAPITAL INVESTMENT LIMITED Prospective Applicant

AND: TAO QI Prospective Respondent

order made by: MOSHINSKY J DATE OF ORDER: 24 JULY 2023

THE COURT ORDERS THAT:

1. The application for interlocutory relief be returnable instanter. 2. Upon the usual undertaking as to damages and upon the undertakings given by the Prospective Applicant (Fine China) set out in Schedule A to the document entitled "Penal Notice", a copy of which is Annexure A to these orders, a freezing order be made against the Prospective Respondent (QT) in the terms specified in that document. 3. Pursuant to r 10.44 of the Federal Court Rules 2011, Fine China has leave to serve the following documents outside Australia: (a) the urgent application before start of a proceeding; (b) the affidavit of Luyao Mei dated 21 July 2023 and the affidavit of Jack Ryan dated 24 July 2023; and (c) these orders, (the Documents). 4. Personal service and service in accordance with the law in place in Singapore of the Documents on QT be dispensed with. 5. Pursuant to r 10.24 of the Federal Court Rules, Fine China have leave to serve the Documents on QT by way of substituted service as follows: (a) by emailing copies of the documents to: [REDACTED]; (b) by sending copies of the documents by registered post to: c/- John Richards, Carswell & Company Solicitors and Notary, GPO Box 1628, Brisbane 4001 QLD; (c) by sending a message to the Prospective Respondent's WeChat account [REDACTED], which reads as follows: "Orders have been made against Tao Qi by the Federal Court of Australia. Please contact John Richards at Carswell & Company Solicitors and Notary on +61 7 3229 7798"; (d) by sending a message to the Prospective Respondent's Signal account [REDACTED], which reads as follows: "Orders have been made against Tao Qi by the Federal Court of Australia. Please contact John Richards at Carswell & Company Solicitors and Notary on +61 7 3229 7798"; and (e) by emailing copies of the documents to the Prospective Respondent's email addresses: [REDACTED]. 6. Fine China serve the Documents on QT pursuant to the means in paragraph 5 above by 4.00 pm on 25 July 2023. 7. Service of the Documents be deemed to have been effected on QT immediately once the steps set out in paragraph 5 have been undertaken. 8. By 4.00 pm on 27 July 2023, Fine China file the following documents and serve the following documents by the methods set out in paragraph 5(a), (b) and (e) above: (a) an originating application; (b) a statement of claim; (c) any further affidavit material in support of the continuation of the freezing order beyond 28 July 2023, including in relation to security for the undertaking as to damages. 9. Until such time as QT files and serves a notice of address for service or further order, service of any further documents in this proceeding may be effected by Fine China by sending a copy of those documents to QT by the methods set out in paragraph 5(a), (b) and (e) above. 10. QT file a notice of address for service within 28 days of these orders. 11. The matter be listed for a case management hearing at 9.30 am on 28 July 2023. 12. Costs be reserved. 13. There be liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.