Commissioner of the Australian Federal Police v Xin & Ors (No 2) [2024] NSWSC 1606

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Xin & Ors (No 2) [2024] NSWSC 1606 Hearing dates: 30 September 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Common Law Before: Faulkner J Decision: (1) An order pursuant to rule 10.14(3) of the UCPR that service of the documents set out in Schedule One to the Notice of Motion filed on 5 August 2024 be taken to have been served on Liangfang Shen on 20 April 2023. (2) An order pursuant to rule 10.14(1) of the UCPR that instead of service, the documents specified in Schedule Two to the Notice of Motion filed on 5 August 2024, together with a copy of these orders, be emailed to Liangfang Shen at the email address specified in Prayer 3 of the Notice of Motion. (3) An order pursuant to r 10.14(2) of the UCPR that the documents specified in Order (2) above be taken to have been served on Liangfeng Shen upon the sending of the email specified in Order (2) above. Catchwords: CIVIL PROCEDURE – UCPR 10.14 (substituted and informal service generally) – defendants located in a Hague Convention country – practicability of personal service of the originating process – application for an order under UCPR 10.14(3) that originating process be taken to have been served – no inconsistency with UCPR 11A – orders made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57 Hague Conference on Private International Law (1980) Proceeds of Crime Act 2000 (Cth), ss 18, 19, 92, 93 Uniform Civil Procedure Rules 2005 (NSW), rr 2.1, 6.1, 10.1, 10.6, 10.14, 10.20, 10.21, 11.3, 11.4, 11A.2, 11A.3, 11A,4, 11A.5, 14.3, 22.4, 51.41 Cases Cited: Alstom Limited v Sirakas [2010] NSWSC 669 Amos Removals & Storage v Small [1981] 2 NSWLR 525 ASIC v Sweeney No.2 [2001] NSWSC 477 Australian Information Commission v Facebook Inc [2020] FCA 531 Capral Limited v DNV AS [2024] NSWSC 96 Ford, in the matter of Careers Australia Group Ltd (in liq) v Mansfield [2022] FCA 173 Independent Liquor & Gaming Authority v Melco Resorts & Entertainment Limited [2022] NSWSC 294 Jacobsen v Jacobsen [2017] NSWSC 1590 Laurie v Carroll (1958) 98 CLR 310; [1958] HCA 4 Volkswagen Aktiengesellschaft v Schlunk (1988) 486 US 694 Category: Procedural rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Liangfang Shen (Eleventh Defendant) Representation: Counsel: W Liu (Plaintiff) No appearance (Eleventh Defendant)