Joye, Ian Edward v Sheahan, John [1996] FCA 209

Joye, Ian Edward v Sheahan, John [1996] FCA 209

On the evidence before the primary judge it was open to infer that Speed and Stracey contacted Mr Joye after receiving the respondent's solicitors' letter and before his departure from Australia, and that Mr Joye departed with knowledge that the order and summons had issued and that service was being attempted. Given the appellant's concession that presence in the jurisdiction at the time of issue plus such knowledge conferred jurisdiction to order substituted service, the Registrar had jurisdiction and the appeal failed.

Jurisdiction
Australia
Judgment Date
28 March 1996
Procedural Posture
Appeal From a Decision of a Single Judge of the Federal Court of Australia Concerning Substituted Service of an Examination Summons Under the Corporations Law / Appeal by Leave; Judgment Dismissing Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['substituted Service' 'examination Summons' 'jurisdiction Over Person Departing Australia' 'corporations Law Examination of Examinable Affairs' 'jones V Dunkel Inference']
['corporations' 'practice and Procedure'] ['substituted Service' 'examination Summons' 'jurisdiction Over Person Departing Australia' 'corporations Law Examination of Examinable Affairs' 'jones V Dunkel Inference']

Case Brief

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Procedural Posture

Appeal From a Decision of a Single Judge of the Federal Court of Australia Concerning Substituted Service of an Examination Summons Under the Corporations Law / Appeal by Leave; Judgment Dismissing Appeal

Legal Issues

  1. 1 ['Whether the Registrar of the Federal Court had jurisdiction to order substituted service on Mr Joye of an examination summons after he had left Australia.' 'Whether the primary judge was entitled to find that Mr Joye knew before leaving Australia that the examination summons had issued and that service was being attempted.' 'Whether Laurie v Carroll precluded substituted service where a person was present in Australia when process issued but departed before personal service.']

Ratio Decidendi

On the evidence before the primary judge it was open to infer that Speed and Stracey contacted Mr Joye after receiving the respondent's solicitors' letter and before his departure from Australia, and that Mr Joye departed with knowledge that the order and summons had issued and that service was being attempted. Given the appellant's concession that presence in the jurisdiction at the time of issue plus such knowledge conferred jurisdiction to order substituted service, the Registrar had jurisdiction and the appeal failed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the respondent to be taxed.']