Federal Court of Australia
Federal Court of Australia
Scenic Rim Regional Council v Cutbush [2024] FCA 1135 File number(s): QUD 262 of 2024
Judgment of: MEAGHER J
Date of judgment: 24 September 2024
Catchwords: BANKRUPTCY – application for substituted service of creditor's petition – whether abnormal difficulties exist – whether alternative means of service have a reasonable probability of informing the respondent – where there have been various unsuccessful attempts at personal service – where property is secured – application for substituted service granted – application for declaratory relief as to the validity of the bankruptcy notice deferred until after service has been effected
Legislation: Bankruptcy Act 1966 (Cth) s 309(2)
Cases cited: Ginnane v Diners Club Ltd (1993) 120 ALR 375
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 24
Date of hearing: 24 September 2024
Counsel for the Applicant: Mr SJ Tan
Solicitor for the Applicant: King & Company Solicitors
ORDERS QUD 262 of 2024
BETWEEN: SCENIC RIM REGIONAL COUNCIL Applicant
AND: PAUL CUTBUSH Respondent
order made by: MEAGHER J DATE OF ORDER: 24 SEPTEMBER 2024
THE COURT ORDERS THAT:
1. Personal service of the Creditor's Petition be dispensed with. 2. The Creditor's Petition, the affidavit verifying the Creditor's Petition, the affidavit of service of the bankruptcy notice, the copy of the consent of a registered trustee, the affidavit of Antoni Bergman filed on 28 August 2024, the affidavits of Ethan Nicholas John Brian Edwards filed on 28 August 2024 and 20 September 2024, the interlocutory application filed on 4 September 2024, the outline of submissions filed on 28 August 2024, the outline of submissions provided to the Court on 24 September 2024 and a sealed copy of this order (collectively, the Documents) be served on the Respondent by: a. Leaving the Documents in the letter box at 25-29 Durrant Court, Tamborine QLD 4270; and b. Sending the Documents via email to paul.cutbush1@bigpond.com and paulcutbush@gmail.com. 3. Service of the Documents be deemed to be effected on 11 October 2024 upon the condition that the two events referred to in order 2 occur by 8 October 2024. 4. Paragraph 1 of the interlocutory application filed on 4 September 2024 be adjourned to a date to be fixed. 5. The Applicant file the outline of submissions provided to the Court on 24 September 2024 by 4:00pm AEST on 25 September 2024. 6. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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