International Awards Group LLC v Asian Advertising Festival (Spikes) Asia Pte Ltd (No 2) [2016] FCA 699
The applicant demonstrated, primarily through affidavit evidence from a qualified Singapore lawyer, that the law of Singapore authorised the proposed method of service of the originating application; therefore, leave to serve in Singapore was granted. The court was also satisfied that its orders could be served in Hong Kong in accordance with the Hague Convention.
- Jurisdiction
- Australia
- Judgment Date
- 09 June 2016
- Procedural Posture
- Originating Application / Interlocutory Order Regarding Service and Setting of Return Date
- Outcome
- Application for leave to serve granted; previous order vacated; return date fixed; leave to serve orders in Hong Kong granted.
- Legal Topics
- ['service Outside Australia' 'originating Application' 'service of Other Documents']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Originating Application / Interlocutory Order Regarding Service and Setting of Return Date
Legal Issues
- 1 ['Whether leave should be granted for service of originating application and court orders outside Australia, specifically in Singapore and Hong Kong.']
Ratio Decidendi
The applicant demonstrated, primarily through affidavit evidence from a qualified Singapore lawyer, that the law of Singapore authorised the proposed method of service of the originating application; therefore, leave to serve in Singapore was granted. The court was also satisfied that its orders could be served in Hong Kong in accordance with the Hague Convention.
Court Disposition
Application for leave to serve granted; previous order vacated; return date fixed; leave to serve orders in Hong Kong granted.
Orders
- ['The applicant have leave to serve its originating application and a sealed copy of this order on the first respondent in Singapore in accordance with the Supreme Court of Judicature Act (Singapore) and the Rules of Court prescribed thereunder.' 'Order 3 of the Orders made on 31 May 2016 be vacated.' 'The return...
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