Cook Building and Development Pty Limited v Citicorp International Ltd [2015] FCA 703

Cook Building and Development Pty Limited v Citicorp International Ltd [2015] FCA 703

The applicant satisfied the requirements of r 10.43 for leave to serve originating process and associated documents on an overseas company; sufficient material was provided to establish a prima facie case and appropriate method of service under the Hague Convention and local law.

Parties
Prospective Applicant: Cook Building and Development Pty Limited; Prospective Respondent: Citicorp International Ltd
Jurisdiction
Australia
Judgment Date
07 July 2015
Procedural Posture
Application for Leave to Serve Originating Process Abroad (pre Action Discovery) / Interlocutory
Outcome
Leave granted for service abroad
Legal Topics
Service Abroad, Pre Action Discovery, Jurisdiction
Practice and Procedure Service Abroad Pre Action Discovery Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Cook Building and Development Pty Limited

Prospective Applicant

Citicorp International Ltd

Prospective Respondent

Procedural Posture

Application for Leave to Serve Originating Process Abroad (pre Action Discovery) / Interlocutory

Legal Issues

  1. 1 Whether leave should be granted to serve originating process outside Australia on Citicorp International Ltd under the Federal Court Rules 2011
  2. 2 Whether the requirements of rr 10.42 and 10.43 for service abroad have been satisfied

Ratio Decidendi

The applicant satisfied the requirements of r 10.43 for leave to serve originating process and associated documents on an overseas company; sufficient material was provided to establish a prima facie case and appropriate method of service under the Hague Convention and local law.

Court Disposition

Leave granted for service abroad

Orders

  • Pursuant to rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth), applicant granted leave to serve the originating application and accompanying affidavits on Citicorp International Ltd in the People's Republic of China in accordance with the Hague Convention.
  • Pursuant to r 10.64, the District Registrar to request the Central Authority of the PRC to serve the documents on Citicorp by post to its registered office in Hong Kong.