Australian Competition & Consumer Commission v .Chaste Corporation Pty Ltd (in liq) (ACN 089 837 329) [2002] FCA 1183

Australian Competition & Consumer Commission v .Chaste Corporation Pty Ltd (in liq) (ACN 089 837 329) [2002] FCA 1183

Leave to serve Peter Foster and Jillian Foster outside the Commonwealth was granted because the Court had jurisdiction over claims that they were involved in alleged Trade Practices Act contraventions committed in Australia, the proceeding fell within O 8 r 1, and the material disclosed a prima facie case against each of them. Substituted service was ordered only by service on Sean Cousins and Braddon Webb because the evidence made it likely that delivery to those persons would come to the attention of both Fosters, whereas the evidence did not justify substituted service by the proposed email address, by service on Michael McInnes, or by service on Gael Chudleigh.

Jurisdiction
Australia
Judgment Date
16 September 2002
Procedural Posture
Notice of Motion in Federal Court Proceedings Alleging Contraventions of the Trade Practices Act 1974 (cth) / Application for Joinder, Amendment, Leave to Serve Outside the Commonwealth and Substituted Service
Outcome
Motion granted in part; orders made for joinder, amendment, service outside the Commonwealth and limited substituted service; aspects concerning Ken Cooper adjourned sine die; costs reserved.
Legal Topics
['service Outside the Commonwealth' 'substituted Service' 'joinder of Respondents' 'amendment of Originating Application and Statement of Claim' 'alleged Involvement in Trade Practices Act Contraventions']
['civil Procedure' 'competition and Consumer Law'] ['service Outside the Commonwealth' 'substituted Service' 'joinder of Respondents' 'amendment of Originating Application and Statement of Claim' 'alleged Involvement in Trade Practices Act Contraventions']

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Procedural Posture

Notice of Motion in Federal Court Proceedings Alleging Contraventions of the Trade Practices Act 1974 (cth) / Application for Joinder, Amendment, Leave to Serve Outside the Commonwealth and Substituted Service

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to join eight additional respondents to the proceeding.' 'Whether the applicant should be granted leave to amend the application and statement of claim.' 'Whether leave should be granted to serve Peter Foster and Jillian Foster outside the Commonwealth under O 8 r 2 of the Federal Court Rules.' 'Whether substituted service on Peter Foster and Jillian Foster should be ordered, and by what means.' 'Whether the application for leave to serve Ken Cooper outside the Commonwealth and for substituted service on him should be adjourned.']

Ratio Decidendi

Leave to serve Peter Foster and Jillian Foster outside the Commonwealth was granted because the Court had jurisdiction over claims that they were involved in alleged Trade Practices Act contraventions committed in Australia, the proceeding fell within O 8 r 1, and the material disclosed a prima facie case against each of them. Substituted service was ordered only by service on Sean Cousins and Braddon Webb because the evidence made it likely that delivery to those persons would come to the attention of both Fosters, whereas the evidence did not justify substituted service by the proposed email address, by service on Michael McInnes, or by service on Gael Chudleigh.

Court Disposition

Motion granted in part; orders made for joinder, amendment, service outside the Commonwealth and limited substituted service; aspects concerning Ken Cooper adjourned sine die; costs reserved.

Orders

  • ["The applicant be granted leave to join Orlawood Pty Ltd (ACN 059 294 334), Peter Clarence Foster, Jillian Louise Foster, Sean Petrie Allen Cousins, Constantine Xenoudakis, Kevin McMullan, Ken Cooper and Stephen D'Alton as respondents in this proceeding." 'The applicant be granted leave to amend the application and...