Australian Competition & Consumer Commission v Kokos International Pty Ltd [2007] FCA 2035

Australian Competition & Consumer Commission v Kokos International Pty Ltd [2007] FCA 2035

The Court found it impractical to serve Seow Bing Yeo in Japan. Given his connections in Australia, his awareness of the proceedings, the inability to obtain his address abroad, and the consent and leave to serve out of jurisdiction, substituted service by delivery to the residence of his mother and delivery to associated solicitors would be likely to bring the documents to his attention and is therefore appropriate.

Jurisdiction
Australia
Judgment Date
18 December 2007
Procedural Posture
Civil / Interlocutory (motion for Substituted Service and Joinder)
Outcome
Motion for substituted service granted; orders for service deemed good and sufficient.
Legal Topics
['substituted Service' 'service Out of Jurisdiction' 'joinder of Parties' 'contravention of S 45 Trade Practices Act' 'educational Consultancy Services' 'price Fixing']
['competition Law' 'civil Procedure'] ['substituted Service' 'service Out of Jurisdiction' 'joinder of Parties' 'contravention of S 45 Trade Practices Act' 'educational Consultancy Services' 'price Fixing']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory (motion for Substituted Service and Joinder)

Legal Issues

  1. 1 ['Whether substituted service on Seow Bing Yeo should be ordered given impracticability of service in Japan.' "Whether serving documents at the address of Mr Yeo's mother and/or to associated solicitors would be sufficient." 'Whether the Federal Court has jurisdiction to order substituted service when leave for service out of jurisdiction has been granted.']

Ratio Decidendi

The Court found it impractical to serve Seow Bing Yeo in Japan. Given his connections in Australia, his awareness of the proceedings, the inability to obtain his address abroad, and the consent and leave to serve out of jurisdiction, substituted service by delivery to the residence of his mother and delivery to associated solicitors would be likely to bring the documents to his attention and is therefore appropriate.

Court Disposition

Motion for substituted service granted; orders for service deemed good and sufficient.

Orders

  • ['Service on Seow Bing Yeo in Japan through diplomatic channel dispensed with.' 'Notice of motion, affidavit, previous orders, and current orders to be served at 2/15 Evelyn Street, Gosnells, WA 6110 either personally or via letterbox.' 'Service in accordance with above deemed sufficient.' 'Service deemed effective...