Federal Court of Australia
Federal Court of Australia
Condon (liquidator) v Hope, in the matter of Mount Yenga Contracting Pty Limited (In Liquidation) [2024] FCA 267 File number: NSD 1177 of 2023
Judgment of: CHEESEMAN J
Date of judgment: 21 March 2024
Catchwords: PRACTICE AND PROCEDURE – where plaintiffs seek orders for substituted service on defendant – Held: orders for substituted service made
Legislation: Federal Court Rules 2011 (Cth) r 10.24
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 10
Date of hearing: Determined on the papers
Solicitor for the plaintiffs: SLF Lawyers
ORDERS NSD 1177 of 2023 IN THE MATTER OF MOUNT YENGA CONTRACTING PTY LIMITED (IN LIQUIDATION) BETWEEN: SCHON GREGORY CONDON IN HIS CAPACITY AS LIQUIDATOR OF MOUNT YENGA CONTRACTING PTY LTD ACN 163 623 461 First Plaintiff
MOUNT YENGA CONTRACTING PTY LTD ACN 163623461 Second Plaintiff
AND: MICHAEL ANDREW HOPE Defendant
order made by: CHEESEMAN J DATE OF ORDER: 21 MARCH 2024
THE COURT ORDERS THAT:
1. The plaintiffs be granted leave to serve the Originating Process and Statement of Claim (SOC) dated 16 October 2023 on the Defendant by: (a) leaving a copy of the Process, the SOC, the orders dated 18 March 2024 and these orders (together, the Substituted Service Documents) marked for the attention of the defendant with an employee at Hope Estate located at 2213 Broke Road, Pokolbin NSW 2320; (b) leaving a copy of the Substituted Service Documents marked for the attention of the defendant with Aubrey Brown Lawyers located at 3/8 Reliance Drive, Tuggerah NSW 2259 (Attn: Sharnie Leith/Claudia Veitch); (c) leaving a copy of the Substituted Service Documents marked for the attention of the defendant with Levy Warren Associates, Level 1, 56 Clarence Street Sydney NSW; and (d) sending a copy of the Substituted Service Documents to the email addresses michael@hopeestate.com.au and admin@hopeestate.com.au 2. These orders be entered forthwith.
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