Benlee Holdings Ltd v Giorgi Fashion Group Pty Ltd & Ors [1995] FCA 49

Benlee Holdings Ltd v Giorgi Fashion Group Pty Ltd & Ors [1995] FCA 49

It is impractical to serve the documents upon the second respondent in the usual manner. There is sufficient evidence that service at the addresses of Ms Spindler and Mr Scaysbrook is reasonably likely to bring the proceedings to the second respondent's attention. Accordingly, substituted service is ordered as per the notice of motion.

Jurisdiction
Australia
Judgment Date
16 February 1995
Procedural Posture
Civil / Interlocutory Application for Substituted Service
Outcome
Application for substituted service granted
Legal Topics
['substituted Service' 'service of Documents']
['civil Procedure'] ['substituted Service' 'service of Documents']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Substituted Service

Legal Issues

  1. 1 ['Whether order for substituted service upon the second respondent should be granted']

Ratio Decidendi

It is impractical to serve the documents upon the second respondent in the usual manner. There is sufficient evidence that service at the addresses of Ms Spindler and Mr Scaysbrook is reasonably likely to bring the proceedings to the second respondent's attention. Accordingly, substituted service is ordered as per the notice of motion.

Court Disposition

Application for substituted service granted

Orders

  • ['Substituted service of the application and statement of claim upon the second respondent to be effected by service upon the address of Ms Ida Spindler, 495 Old South Head Road, Rose Bay, and Mr David Scaysbrook at the office of NRG Australia Ltd, Level 37, Riverside Centre, 123 Eagle Street, Brisbane.' 'Service to...