JSA Maule Pty Ltd v Wilson [2012] FCA 838

JSA Maule Pty Ltd v Wilson [2012] FCA 838

Because the applicants had made reasonable but unsuccessful efforts to locate Mr Wilson, personal service was not practical, and service on Bede King at Tobin King Lateef was likely to bring the documents to Mr Wilson's attention, an order for substituted service should be made.

Jurisdiction
Australia
Judgment Date
09 August 2012
Procedural Posture
Practice and Procedure; Application for Substituted Service / Heard on the Papers
Outcome
Application granted; substituted service ordered.
Legal Topics
['service of Documents' 'substituted Service' 'misleading and Deceptive Conduct' 'accessorial Liability']
['practice and Procedure' 'consumer Protection'] ['service of Documents' 'substituted Service' 'misleading and Deceptive Conduct' 'accessorial Liability']

Case Brief

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Procedural Posture

Practice and Procedure; Application for Substituted Service / Heard on the Papers

Legal Issues

  1. 1 ['Whether it was not practicable to personally serve Randal Wilson in accordance with the Federal Court Rules 2011.' "Whether substituted service on Bede King of Tobin King Lateef, Lawyers and Notaries was likely to bring the Amended Application and Amended Statement of Claim to Randal Wilson's attention."]

Ratio Decidendi

Because the applicants had made reasonable but unsuccessful efforts to locate Mr Wilson, personal service was not practical, and service on Bede King at Tobin King Lateef was likely to bring the documents to Mr Wilson's attention, an order for substituted service should be made.

Court Disposition

Application granted; substituted service ordered.

Orders

  • ["The applicants serve a copy of the Amended Application, the Amended Statement of Claim, the Court's reasons for judgment dated 9 August 2012, and the Court's orders made on 31 July 2012 and 9 August 2012 upon Bede King of Tobin King Lateef, Lawyers and Notaries, by sending a copy by registered mail addressed to...