Applecross Pte Ltd (ARBN 079 372 722) v Lim [2009] FCA 1102

Applecross Pte Ltd (ARBN 079 372 722) v Lim [2009] FCA 1102

The plaintiff established a prima facie case both in relation to insolvent trading under s 588G Corporations Act 2001 (Cth), and misleading and deceptive conduct under s 10 Fair Trading Act 1987 (WA), and the court was satisfied as to jurisdiction and procedural requirements. Accordingly, leave was granted for service of the originating process on the second and fifth defendants outside Australia.

Jurisdiction
Australia
Judgment Date
29 September 2009
Procedural Posture
Application for Leave to Serve Originating Process Outside Jurisdiction / Interlocutory Determination of Application for Leave to Serve Originating Process
Outcome
Leave granted to serve originating process outside Australia on the second and fifth defendants; costs reserved.
Legal Topics
['insolvent Trading' 'service of Process Outside Jurisdiction' 'misleading and Deceptive Conduct' "directors' Duties"]
['corporations Law' 'trade Practices' 'civil Procedure'] ['insolvent Trading' 'service of Process Outside Jurisdiction' 'misleading and Deceptive Conduct' "directors' Duties"]

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Procedural Posture

Application for Leave to Serve Originating Process Outside Jurisdiction / Interlocutory Determination of Application for Leave to Serve Originating Process

Legal Issues

  1. 1 ['Whether the Court should grant leave to serve the originating process outside Australia on the second and fifth defendants under O 8 r 3 of the Federal Court Rules' 'Whether the plaintiff has established a prima facie case for relief under s 588G of the Corporations Act 2001 (Cth) and s 10 of the Fair Trading Act 1987 (WA)']

Ratio Decidendi

The plaintiff established a prima facie case both in relation to insolvent trading under s 588G Corporations Act 2001 (Cth), and misleading and deceptive conduct under s 10 Fair Trading Act 1987 (WA), and the court was satisfied as to jurisdiction and procedural requirements. Accordingly, leave was granted for service of the originating process on the second and fifth defendants outside Australia.

Court Disposition

Leave granted to serve originating process outside Australia on the second and fifth defendants; costs reserved.

Orders

  • ['The plaintiff is granted leave to personally serve the originating process by private agent on the second defendant at specified Singapore addresses.' 'The plaintiff is granted leave to personally serve the originating process by private agent on the fifth defendant at specified Singapore addresses.' 'The costs of...