Equititrust Ltd v Bosiljevac [2007] FCA 323

Equititrust Ltd v Bosiljevac [2007] FCA 323

Substituted service and leave to serve outside Australia were appropriate because multiple attempts to serve the respondent personally and at former residences had failed, usual service was impracticable where the respondent appeared to be resident in Dubai, and the proposed methods of email, facsimile and airmail were reasonably likely to bring the proceedings to his knowledge.

Jurisdiction
Australia
Judgment Date
08 March 2007
Procedural Posture
Ex Parte Application for Substituted Service of a Bankruptcy Notice and Leave to Serve Outside Australia / Orders Made on Application
Outcome
Application granted.
Legal Topics
['bankruptcy Notice' 'substituted Service' 'service Outside Australia' 'time for Compliance With Bankruptcy Notice']
['bankruptcy' 'civil Procedure'] ['bankruptcy Notice' 'substituted Service' 'service Outside Australia' 'time for Compliance With Bankruptcy Notice']

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Procedural Posture

Ex Parte Application for Substituted Service of a Bankruptcy Notice and Leave to Serve Outside Australia / Orders Made on Application

Legal Issues

  1. 1 ['Whether service of Bankruptcy Notice QN1508/2006 should be effected by substituted means under s 309(2) Bankruptcy Act 1966.' 'Whether leave should be granted to serve the bankruptcy notice outside Australia.' 'Whether consequential orders should be made amending the bankruptcy notice and fixing time for compliance.']

Ratio Decidendi

Substituted service and leave to serve outside Australia were appropriate because multiple attempts to serve the respondent personally and at former residences had failed, usual service was impracticable where the respondent appeared to be resident in Dubai, and the proposed methods of email, facsimile and airmail were reasonably likely to bring the proceedings to his knowledge.

Court Disposition

Application granted.

Orders

  • ['Pursuant to s 309(2) Bankruptcy Act 1966, service of Bankruptcy Notice QN1508/2006 be effected on the respondent by email to sbosiljevac@ozemail.com.au, ordinary pre-paid post to 1 Marseille Court, Bundall, Qld 4217 and 124/13 Commodore Drive, Paradise Waters, Qld 4217, pre-paid airmail or equivalent to 42...