Kandola v Holliday-Smith [2022] FCA 968

Kandola v Holliday-Smith [2022] FCA 968

The Court was satisfied, based on the affidavit evidence and compliance with the relevant rules, that substituted service should be ordered by registered post and SMS, and that the documents should be taken as served on 18 May 2022.

Parties
First Applicant: Tejinder Singh Kandola; Second Applicant: Unicorn Air Conditioning & Refrigeration Pty Ltd; Third Respondent: John Alexander Holliday-Smith; Fourth Respondent: Goce George Sekuloski
Jurisdiction
Australia
Judgment Date
19 August 2022
Procedural Posture
Interlocutory Application / Orders for Substituted Service and Deemed Service
Outcome
Orders for substituted service and deemed service made
Legal Topics
Substituted Service, Deemed Service
Practice and Procedure Substituted Service Deemed Service

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 2 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Tejinder Singh Kandola

First Applicant

Unicorn Air Conditioning & Refrigeration Pty Ltd

Second Applicant

John Alexander Holliday-Smith

Third Respondent

Goce George Sekuloski

Fourth Respondent

Procedural Posture

Interlocutory Application / Orders for Substituted Service and Deemed Service

Legal Issues

  1. 1 Whether substituted service of originating application, statement of claim, and genuine steps statement should be ordered for the fourth respondent
  2. 2 Whether deemed service should be ordered under r 10.23(b) of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

The Court was satisfied, based on the affidavit evidence and compliance with the relevant rules, that substituted service should be ordered by registered post and SMS, and that the documents should be taken as served on 18 May 2022.

Court Disposition

Orders for substituted service and deemed service made

Orders

  • The documents (originating application, statement of claim, genuine steps statement) may be served on the fourth respondent by registered post to his attention at Raytek Pty Ltd at 95 Park Road, Hunters Hill NSW 2110 and by SMS to 0450 592 832.
  • The documents are taken to have been served on the fourth respondent on 18 May 2022.