Commonwealth Bank of Australia v Oswal [2012] FCA 772

Commonwealth Bank of Australia v Oswal [2012] FCA 772

The applicant has shown abnormal difficulties in effecting personal service on the respondent, who is overseas, and the proposed methods (including posting to solicitors previously instructed and to recorded addresses overseas) have a reasonable probability of notifying the respondent. Both s 40(1)(g) and s 309(2) of the Bankruptcy Act 1966 justify granting leave for substituted and extraterritorial service.

Jurisdiction
Australia
Judgment Date
12 July 2012
Procedural Posture
Bankruptcy Application / Application for Leave to Serve Bankruptcy Notice Out of Jurisdiction and Substituted Service
Outcome
Application granted
Legal Topics
['substituted Service' 'leave to Serve Process Out of Jurisdiction']
['bankruptcy'] ['substituted Service' 'leave to Serve Process Out of Jurisdiction']

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

Procedural Posture

Bankruptcy Application / Application for Leave to Serve Bankruptcy Notice Out of Jurisdiction and Substituted Service

Legal Issues

  1. 1 ['Whether leave to serve a bankruptcy notice outside Australia is required under s 40(1)(g) of the Bankruptcy Act 1966 (Cth)' 'Whether substituted service of the bankruptcy notice is appropriate']

Ratio Decidendi

The applicant has shown abnormal difficulties in effecting personal service on the respondent, who is overseas, and the proposed methods (including posting to solicitors previously instructed and to recorded addresses overseas) have a reasonable probability of notifying the respondent. Both s 40(1)(g) and s 309(2) of the Bankruptcy Act 1966 justify granting leave for substituted and extraterritorial service.

Court Disposition

Application granted

Orders

  • ['Dispensation of requirement to serve originating application on respondent' 'Leave to serve Bankruptcy Notice No BN 3553 of 2012 outside Australia' 'Substituted service of bankruptcy notice allowed; personal service dispensed with' 'Service to be effected by posting or personal delivery to two solicitor firms in...