Wyer v International Capital Markets Pty Ltd [2024] FCA 284

Wyer v International Capital Markets Pty Ltd [2024] FCA 284

There being no reason to take a different approach to substituted service from the earlier, similar proceeding, the Court granted leave for substituted service on the Second Respondent via email, registered mail and through the First Respondent, as prescribed by the Federal Court Rules.

Parties
Applicant: Christopher Wyer; First Respondent: International Capital Markets Pty Ltd ACN 123 289 109; Second Respondent: Andrew Leon Budzinski
Jurisdiction
Australia
Judgment Date
22 March 2024
Procedural Posture
Representative Proceeding / Interlocutory Application for Substituted Service
Outcome
Interlocutory application for substituted service granted in part; remaining application dismissed; costs reserved.
Legal Topics
Service Out of Jurisdiction, Substituted Service, Contracts for Difference, Misleading or Deceptive Conduct, Unconscionable Conduct, Conflicted Remuneration, Retail Product Distribution Conduct
Practice and Procedure Commercial Law Corporations Law Service Out of Jurisdiction Substituted Service Contracts for Difference Misleading or Deceptive Conduct Unconscionable Conduct +2 more

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Parties

Christopher Wyer

Applicant

International Capital Markets Pty Ltd ACN 123 289 109

First Respondent

Andrew Leon Budzinski

Second Respondent

Procedural Posture

Representative Proceeding / Interlocutory Application for Substituted Service

Legal Issues

  1. 1 Whether leave should be granted to serve the Second Respondent outside Australia by substituted service
  2. 2 Whether substituted service methods are appropriate given the location and circumstances of the Second Respondent

Ratio Decidendi

There being no reason to take a different approach to substituted service from the earlier, similar proceeding, the Court granted leave for substituted service on the Second Respondent via email, registered mail and through the First Respondent, as prescribed by the Federal Court Rules.

Court Disposition

Interlocutory application for substituted service granted in part; remaining application dismissed; costs reserved.

Orders

  • Applicant has leave to serve Ancillary Documents outside Australia pursuant to r 10.44 Federal Court Rules 2011 (Cth).
  • Applicant may effect service on Second Respondent by email, registered mail, and via First Respondent as per r 10.24 of the Federal Court Rules 2011 (Cth).