bCode Pty Ltd (in liq) v Holford [2018] FCA 798

bCode Pty Ltd (in liq) v Holford [2018] FCA 798

Personal service on Mr Holford was impracticable because he resided in a secure housing estate where access depended on resident-authorised security guards and four attempts at personal service had failed, with no evidence suggesting further attempts were likely to succeed. The Sanctuary Cove address and the email address were likely to bring the documents to Mr Holford's attention because the evidence strongly suggested he ordinarily resided at that address and had recently used that email address.

Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Application for Substituted Service / Determined on the Papers
Outcome
Application granted. Personal service was dispensed with and substituted service by post and email was ordered. Costs of the application were reserved.
Legal Topics
['substituted Service' 'personal Service' 'federal Court Rules 2011 R 10.24' 'service on Defendant Resident in Gated Housing Estate']
['practice and Procedure' 'commercial and Corporations' 'corporations and Corporate Insolvency'] ['substituted Service' 'personal Service' 'federal Court Rules 2011 R 10.24' 'service on Defendant Resident in Gated Housing Estate']

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Procedural Posture

Application for Substituted Service / Determined on the Papers

Legal Issues

  1. 1 ['Whether personal service on Mr Holford was not practicable within the meaning of r 10.24 of the Federal Court Rules 2011.' "Whether service by pre-paid express post to the Sanctuary Cove address and by email to troy@holfords.net was likely to bring the documents to Mr Holford's attention."]

Ratio Decidendi

Personal service on Mr Holford was impracticable because he resided in a secure housing estate where access depended on resident-authorised security guards and four attempts at personal service had failed, with no evidence suggesting further attempts were likely to succeed. The Sanctuary Cove address and the email address were likely to bring the documents to Mr Holford's attention because the evidence strongly suggested he ordinarily resided at that address and had recently used that email address.

Court Disposition

Application granted. Personal service was dispensed with and substituted service by post and email was ordered. Costs of the application were reserved.

Orders

  • ['Personal service of the service of the originating application, statement of claim and genuine steps statement, each filed 13 February 2018, be dispensed with.' 'Pursuant to r 10.24 of the Federal Court Rules 2011, service of the originating application filed 13 February 2018, the statement of claim filed 13...