Warner v Hung, in the matter of Bellpac Pty Ltd (Receivers and Managers appointed) [2010] FCA 393

Warner v Hung, in the matter of Bellpac Pty Ltd (Receivers and Managers appointed) [2010] FCA 393

Personal service on Mr Hung was impractical because attempts at his last known address were unsuccessful, evidence indicated he resided there but was presently overseas, and his son indicated he could receive documents. In those circumstances it was appropriate to make an order under Order 7 rule 9 so that service would be taken to be effected once the documents were personally served on Mr Edgar Hung, posted to Mr Hung's last known address, and left at that address.

Jurisdiction
Australia
Judgment Date
12 March 2010
Procedural Posture
Application in the Matter of Bellpac Pty Ltd (receivers and Managers Appointed) Concerning Service of Originating Process and Related Documents / Interlocutory Application for Orders Under Order 7 Rule 9(1) of the Federal Court Rules
Outcome
Orders made for substituted service and further directions.
Legal Topics
['personal Service' 'substituted Service' 'liquidators' "creditors' Voluntary Winding Up" 'transfer of Bonds']
['civil Procedure' 'corporations and Insolvency'] ['personal Service' 'substituted Service' 'liquidators' "creditors' Voluntary Winding Up" 'transfer of Bonds']

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Procedural Posture

Application in the Matter of Bellpac Pty Ltd (receivers and Managers Appointed) Concerning Service of Originating Process and Related Documents / Interlocutory Application for Orders Under Order 7 Rule 9(1) of the Federal Court Rules

Legal Issues

  1. 1 ['Whether it was impractical to serve the documents personally on Mr Ken Yuk Kee Hung in the manner required by the Federal Court Rules.' 'Whether the Court should order substituted steps for service and deem service effected upon completion of those steps.']

Ratio Decidendi

Personal service on Mr Hung was impractical because attempts at his last known address were unsuccessful, evidence indicated he resided there but was presently overseas, and his son indicated he could receive documents. In those circumstances it was appropriate to make an order under Order 7 rule 9 so that service would be taken to be effected once the documents were personally served on Mr Edgar Hung, posted to Mr Hung's last known address, and left at that address.

Court Disposition

Orders made for substituted service and further directions.

Orders

  • ["The Plaintiffs serve a copy of the Documents personally on Mr Edgar Hung, the defendant's son, of 13 Austin Grove, Zetland in the State of New South Wales." "The Plaintiffs send a copy of the Documents by ordinary post to the defendant's last known address, being 33 Hawthorne Avenue, Chatswood in the State of New...