Capital Performance International Inc v Jenkins [2002] NSWSC 797

Capital Performance International Inc v Jenkins [2002] NSWSC 797

Because it has not yet been established that service on the defendants is impossible, and as substituted service orders in Mareva injunctions require stricter standards due to the nature of the relief, the application for substituted service is premature and should be declined at this stage.

Parties
Plaintiff: Capital Performance International Inc; Defendant: Elwyn Jenkins; Defendant: Glenda Jenkins
Jurisdiction
Australia
Judgment Date
03 September 2002
Procedural Posture
Equity Proceedings (mareva Order) / Interlocutory Application for Extension of Mareva Order and Substituted Service
Outcome
Order for substituted service declined; extension of Mareva order granted
Legal Topics
Mareva Injunctions, Substituted Service
Equity Civil Procedure Mareva Injunctions Substituted Service

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Capital Performance International Inc

Plaintiff

Elwyn Jenkins

Defendant

Glenda Jenkins

Defendant

Procedural Posture

Equity Proceedings (mareva Order) / Interlocutory Application for Extension of Mareva Order and Substituted Service

Legal Issues

  1. 1 Whether the Court should order substituted service in the context of a Mareva injunction
  2. 2 Whether an extension of the existing Mareva order should be granted

Ratio Decidendi

Because it has not yet been established that service on the defendants is impossible, and as substituted service orders in Mareva injunctions require stricter standards due to the nature of the relief, the application for substituted service is premature and should be declined at this stage.

Court Disposition

Order for substituted service declined; extension of Mareva order granted

Orders

  • Mareva order extended to 11 September 2002
  • Application for substituted service declined