Applecross Pte Ltd (ARBN 079 372 722) v Lim (No 2) [2010] FCA 589
Persistent attempts to serve personally have failed and Peck Boon Gan resides at the service address; therefore, service by post is reasonable and sufficient to bring notice of proceedings to the fifth defendant.
- Jurisdiction
- Australia
- Judgment Date
- 10 June 2010
- Procedural Posture
- Civil / Application for Substituted Service
- Outcome
- Application for substituted service granted
- Legal Topics
- ['substituted Service' 'service of Process' 'federal Court Rules']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Application for Substituted Service
Legal Issues
- 1 ["Whether substituted service by post to Peck Boon Gan's address should be permitted"]
Ratio Decidendi
Persistent attempts to serve personally have failed and Peck Boon Gan resides at the service address; therefore, service by post is reasonable and sufficient to bring notice of proceedings to the fifth defendant.
Court Disposition
Application for substituted service granted
Orders
- ['Service of the Originating Process, Amended Statement of Claim, this Order, affidavit of Michael Cheng Lock Tan, and order dated 22 September 2009 by posting to Peck Boon Gan at specified address is good and sufficient service.' 'The costs of this application be in the cause.']
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