Australian Securities and Investments Commission v China Environment Group Ltd [2013] FCA 286

Australian Securities and Investments Commission v China Environment Group Ltd [2013] FCA 286

It was not practicable to serve CEG in the manner prescribed by the Rules due to the urgency of the plaintiff's application for interlocutory relief and the circumstances that led to the documents being served on the company's sole director, Mr Ullmann, before he left Australia. The requirements of r 10.23 were satisfied as the originating and interlocutory process were brought to the directing mind and will of CEG, justifying deemed service on CEG.

Jurisdiction
Australia
Judgment Date
08 April 2013
Procedural Posture
Application for Interlocutory Relief and Deemed Service / Interlocutory Application; Reasons for Order for Deemed Service
Outcome
Order for deemed service granted
Legal Topics
['interlocutory Injunctive Relief' 'deemed Service' 'substituted Service' 'service Outside Jurisdiction']
['corporations Law' 'civil Procedure'] ['interlocutory Injunctive Relief' 'deemed Service' 'substituted Service' 'service Outside Jurisdiction']

Case Brief

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Procedural Posture

Application for Interlocutory Relief and Deemed Service / Interlocutory Application; Reasons for Order for Deemed Service

Legal Issues

  1. 1 ['Whether deemed service under r 10.23 of the Federal Court Rules 2011 (Cth) should be ordered against the first defendant (CEG)' 'Whether service on the sole director (Mr Ullmann) outside Australia is sufficient for deemed service on the company incorporated overseas in circumstances of urgency']

Ratio Decidendi

It was not practicable to serve CEG in the manner prescribed by the Rules due to the urgency of the plaintiff's application for interlocutory relief and the circumstances that led to the documents being served on the company's sole director, Mr Ullmann, before he left Australia. The requirements of r 10.23 were satisfied as the originating and interlocutory process were brought to the directing mind and will of CEG, justifying deemed service on CEG.

Court Disposition

Order for deemed service granted

Orders

  • ['Pursuant to r 10.23 of the Federal Court Rules 2011 (Cth), the first respondent (CEG) is deemed to have been served on 7 March 2013 with the originating process and the interlocutory process.']