Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 [2008] FCA 762

Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 [2008] FCA 762

The plaintiff's application for leave to serve out of jurisdiction is adjourned as there was insufficient evidence as to the law of Monaco regarding service of process. The application for leave to be heard by the examinee's father and associated company is refused, in accordance with established principles for ex parte proceedings and the discretionary nature of Corporations Rules r 2.13.

Jurisdiction
Australia
Judgment Date
26 May 2008
Procedural Posture
Application for Leave and Orders Relating to Service of an Examination Summons / Interlocutory, Ex Parte Application Adjourned
Outcome
application adjourned; application for leave to be heard refused
Legal Topics
['service Out of Jurisdiction' 'substituted Service' 'examination Summons' 'orde for Leave to Be Heard' 'evidence of Foreign Law']
['corporations Law' 'practice and Procedure' 'evidence'] ['service Out of Jurisdiction' 'substituted Service' 'examination Summons' 'orde for Leave to Be Heard' 'evidence of Foreign Law']

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Procedural Posture

Application for Leave and Orders Relating to Service of an Examination Summons / Interlocutory, Ex Parte Application Adjourned

Legal Issues

  1. 1 ['Whether service of an examination summons out of the jurisdiction should be permitted' 'Whether substituted service should be permitted if service out of the jurisdiction is impracticable' "Whether leave should be granted to the examinee's father and associated company to be heard" 'Nature of evidence required to establish the law of the foreign country for service purposes']

Ratio Decidendi

The plaintiff's application for leave to serve out of jurisdiction is adjourned as there was insufficient evidence as to the law of Monaco regarding service of process. The application for leave to be heard by the examinee's father and associated company is refused, in accordance with established principles for ex parte proceedings and the discretionary nature of Corporations Rules r 2.13.

Court Disposition

application adjourned; application for leave to be heard refused

Orders

  • ["The plaintiff's ex parte application dated 28 April 2008 be adjourned." 'The application to be heard on the ex parte application be refused.' "Submissions, if any, as to costs are to be filed and served within 7 days of the ultimate determination of the plaintiff's application, failing which there will be no order...