Polis v Zombor [2019] FCA 856

Polis v Zombor [2019] FCA 856

Because the evidence established that personal service on Mr Zombor was not practicable and that, despite conflicting evidence about his residence, the Carrum Downs address was sufficiently connected to him through his parents' residence, prior communications, registered business address and a person at the address stating that he lived there and documents would be passed on, the proposed method of service would in all reasonable probability bring the papers to Mr Zombor's knowledge. Substituted service under Rule 10.24 was therefore ordered.

Jurisdiction
Australia
Judgment Date
05 June 2019
Procedural Posture
Interlocutory Application for Substituted Service in Prospective Contempt Proceeding / Ex Parte Interlocutory Hearing
Outcome
Application for substituted service granted.
Legal Topics
['substituted Service' 'contempt' 'discovery' 'federal Court Rules']
['practice and Procedure'] ['substituted Service' 'contempt' 'discovery' 'federal Court Rules']

Case Brief

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Procedural Posture

Interlocutory Application for Substituted Service in Prospective Contempt Proceeding / Ex Parte Interlocutory Hearing

Legal Issues

  1. 1 ['Whether it was not practicable to serve the First Prospective Respondent personally in accordance with the Federal Court Rules 2011 (Cth).' 'Whether the proposed substituted service at 19 Zebrafinch Court, Carrum Downs VIC 3201 would in all reasonable probability be effective to bring knowledge of the documents to the First Prospective Respondent.' 'Whether leave should be granted under Rule 10.24 of the Federal Court Rules 2011 (Cth) to serve the interlocutory application and supporting documents by the proposed method.']

Ratio Decidendi

Because the evidence established that personal service on Mr Zombor was not practicable and that, despite conflicting evidence about his residence, the Carrum Downs address was sufficiently connected to him through his parents' residence, prior communications, registered business address and a person at the address stating that he lived there and documents would be passed on, the proposed method of service would in all reasonable probability bring the papers to Mr Zombor's knowledge. Substituted service under Rule 10.24 was therefore ordered.

Court Disposition

Application for substituted service granted.

Orders

  • ['Pursuant to Rule 10.24 of the Federal Court Rules 2011 (Cth), the Prospective Applicant is granted leave to serve copies of the interlocutory application filed 21 May 2019, the affidavit of Dean Nicholas Alexander filed 21 May 2019, the affidavit of Henry Peter Polis filed 21 May 2019, the affidavit of Clarrie...