Cuzzubbo v Solgold Plc [2024] FCA 594

Cuzzubbo v Solgold Plc [2024] FCA 594

It is not practicable for the applicant to effect personal service of the relevant documents on the eighth respondent via the Hague Convention, and service by email is in all reasonable probability effective to bring the documents to the eighth respondent's attention. Deemed service is appropriate for the Second Further Amended Statement of Claim and substituted service is appropriate for the Third Further Amended Originating Application via email.

Parties
Applicant: Darryl Cuzzubbo; First Respondent: Solgold Plc; Second Respondent: Liam Twigger; Third Respondent: Slobodan Vujcic; Fourth Respondent: James Clare; Sixth Respondent: Nicholas Mather; Seventh Respondent: Scott Caldwell; Eighth Respondent: Bob Sangha
Jurisdiction
Australia
Judgment Date
07 June 2024
Procedural Posture
Interlocutory Application / Orders for Deemed And/or Substituted Service
Outcome
Deemed and substituted service allowed; costs reserved; further case management set.
Legal Topics
Deemed Service, Substituted Service, Personal Service, Hague Convention, Service Outside Jurisdiction
Practice and Procedure Deemed Service Substituted Service Personal Service Hague Convention Service Outside Jurisdiction

Case Brief

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Parties

Darryl Cuzzubbo

Applicant

Solgold Plc

First Respondent

Liam Twigger

Second Respondent

Slobodan Vujcic

Third Respondent

James Clare

Fourth Respondent

Nicholas Mather

Sixth Respondent

Scott Caldwell

Seventh Respondent

Bob Sangha

Eighth Respondent

Procedural Posture

Interlocutory Application / Orders for Deemed And/or Substituted Service

Legal Issues

  1. 1 Whether it is practicable for the applicant to effect personal service on the eighth respondent outside Australia in accordance with the Hague Convention
  2. 2 Whether the Court should grant deemed or substituted service of court documents upon the eighth respondent

Ratio Decidendi

It is not practicable for the applicant to effect personal service of the relevant documents on the eighth respondent via the Hague Convention, and service by email is in all reasonable probability effective to bring the documents to the eighth respondent's attention. Deemed service is appropriate for the Second Further Amended Statement of Claim and substituted service is appropriate for the Third Further Amended Originating Application via email.

Court Disposition

Deemed and substituted service allowed; costs reserved; further case management set.

Orders

  • The applicant's Second Further Amended Statement of Claim filed on 22 February 2024 is taken to have been served upon the eighth respondent on 1 March 2024.
  • The applicant to serve upon the eighth respondent the Third Further Amended Originating Application and these Orders by emailing them to "bsangha@maxitcapital.com".