Hoop & Javelin Holdings Limited v BT Projects Pty Limited (In Liq) (No 5) [2010] FCA 229

Hoop & Javelin Holdings Limited v BT Projects Pty Limited (In Liq) (No 5) [2010] FCA 229

Given sustained and reasonable efforts to effect personal service, evident respondent evasion, and demonstrated likelihood of notice reaching him at two addresses, the Court ordered substituted service and dispensed with formal notice of motion, also awarding costs to applicant subject to possible further argument on indemnity basis.

Jurisdiction
Australia
Judgment Date
11 March 2010
Procedural Posture
Interlocutory Application / Directions Hearing and Orders for Substituted Service
Outcome
Application for substituted service granted; procedural orders made; costs awarded with reservation for indemnity basis
Legal Topics
['substituted Service' 'directions for Further Conduct' 'costs Orders']
['civil Procedure'] ['substituted Service' 'directions for Further Conduct' 'costs Orders']

Case Brief

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Procedural Posture

Interlocutory Application / Directions Hearing and Orders for Substituted Service

Legal Issues

  1. 1 ['Whether substituted service should be ordered for the third respondent' 'Whether applicant is entitled to costs incidental to substituted service and directions hearings' 'Appropriate procedural directions for continuing the case against the third respondent']

Ratio Decidendi

Given sustained and reasonable efforts to effect personal service, evident respondent evasion, and demonstrated likelihood of notice reaching him at two addresses, the Court ordered substituted service and dispensed with formal notice of motion, also awarding costs to applicant subject to possible further argument on indemnity basis.

Court Disposition

Application for substituted service granted; procedural orders made; costs awarded with reservation for indemnity basis

Orders

  • ['The requirement to file a notice of motion regarding substituted service is dispensed with.' 'Applicant must send copies of orders by prepaid post to the third respondent at two specified addresses.' 'Service deemed effected seven days after posting.' 'Applicant must file affidavit of service within seven days of...