Hooke v Bux Global Limited (No 7) [2018] FCA 2065

Hooke v Bux Global Limited (No 7) [2018] FCA 2065

It was not practicable to effect personal service and the proposed substituted service by email, including via an address accessible to all relevant persons, would likely bring the documents and hearing date to their attention; therefore, substituted service was ordered.

Parties
First Plaintiff: Peter James Hooke & Claire Elizabeth Hooke; Second Plaintiff: Peter James Hooke & Brice James Hooke as Trustees for the Hooke Superannuation Fund; Third Plaintiff: John Corran Crawford; Defendant: Bux Global Limited (ACN 613 313 616)
Jurisdiction
Australia
Judgment Date
13 December 2018
Procedural Posture
Interlocutory Application / Application for Substituted Service
Outcome
Application for substituted service allowed
Legal Topics
Substituted Service, Personal Service, Service of Documents
Practice and Procedure Substituted Service Personal Service Service of Documents

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 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Peter James Hooke & Claire Elizabeth Hooke

First Plaintiff

Peter James Hooke & Brice James Hooke as Trustees for the Hooke Superannuation Fund

Second Plaintiff

John Corran Crawford

Third Plaintiff

Bux Global Limited (ACN 613 313 616)

Defendant

Procedural Posture

Interlocutory Application / Application for Substituted Service

Legal Issues

  1. 1 Whether personal service on Raymond Webber and Christopher Webber should be dispensed with and substituted service ordered

Ratio Decidendi

It was not practicable to effect personal service and the proposed substituted service by email, including via an address accessible to all relevant persons, would likely bring the documents and hearing date to their attention; therefore, substituted service was ordered.

Court Disposition

Application for substituted service allowed

Orders

  • Personal service of the application documents on Raymond Webber and Christopher Webber is dispensed with.
  • Service to be effected by emailing specified documents and orders to raymond.webber@shampagneaustralia.com, chris.webber@shampagneaustralia.com and to Andrew Webber, with a request that he bring them to their attention.