Sampson (Trustee) v Zaki, in the matter of Van Vlijmen [2023] FCA 1287

Sampson (Trustee) v Zaki, in the matter of Van Vlijmen [2023] FCA 1287

Personal service on Mr Zaki was not practicable because attempts to serve or contact him at his electoral address, Law Society registered business address, mobile telephone number and email addresses had been unsuccessful, and service by SMS to 0403 666 745 and email to nzsolicitors@gmail.com was likely to come to his attention. The Court therefore dispensed with personal service and ordered substituted service.

Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Application Under S 100 5 of the Insolvency Practice Schedule (bankruptcy) Approving Assignment of a Cause of Action / Interlocutory Application for Substituted Service
Outcome
Order for substituted service made.
Legal Topics
['substituted Service' 'personal Service' 'assignment of Cause of Action']
['practice and Procedure' 'bankruptcy and Insolvency'] ['substituted Service' 'personal Service' 'assignment of Cause of Action']

Case Brief

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Procedural Posture

Application Under S 100 5 of the Insolvency Practice Schedule (bankruptcy) Approving Assignment of a Cause of Action / Interlocutory Application for Substituted Service

Legal Issues

  1. 1 ['Whether personal service of the Originating Application and accompanying affidavit on the first respondent should be dispensed with.' 'Whether it was not practicable to effect personal service on the first respondent.' "Whether the proposed methods of substituted service were likely to bring the documents to the first respondent's attention."]

Ratio Decidendi

Personal service on Mr Zaki was not practicable because attempts to serve or contact him at his electoral address, Law Society registered business address, mobile telephone number and email addresses had been unsuccessful, and service by SMS to 0403 666 745 and email to nzsolicitors@gmail.com was likely to come to his attention. The Court therefore dispensed with personal service and ordered substituted service.

Court Disposition

Order for substituted service made.

Orders

  • ['Personal service of the Originating Application filed on 31 August 2023 and the accompanying Affidavit of David Henry Sampson sworn on 30 August 2023 be dispensed with.' 'A signed and sealed copy of the Originating Application, the Affidavit of Mr Sampson and this order be served on the first respondent by...