Morris v McConaghy Australia Pty Ltd (No 4) [2018] FCA 1516

Morris v McConaghy Australia Pty Ltd (No 4) [2018] FCA 1516

Service under the Hague Convention, although inconvenient and delayed, is not 'not practicable' within the meaning of FCR r 10.48. As such, deemed service is not available and the applicant must attempt service again under the Hague Convention.

Parties
Applicant: Jonathan Morris; First Respondent: McConaghy Australia Pty Ltd ACN 52 168 218 380; Second Respondent: MC2 Composites Ltd; Third Respondent: Mark Evans; Fourth Respondent: Tiger Yacht Management Ltd
Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Interlocutory Application / Application for Order of Deemed Service Under FCR R 10.48
Outcome
Application for deemed service dismissed.
Legal Topics
Deemed Service, International Service of Process, Service Under Hague Convention, Impracticability of Service
Practice and Procedure Commercial Law Deemed Service International Service of Process Service Under Hague Convention Impracticability of Service

Case Brief

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Parties

Jonathan Morris

Applicant

McConaghy Australia Pty Ltd ACN 52 168 218 380

First Respondent

MC2 Composites Ltd

Second Respondent

Mark Evans

Third Respondent

Tiger Yacht Management Ltd

Fourth Respondent

Procedural Posture

Interlocutory Application / Application for Order of Deemed Service Under FCR R 10.48

Legal Issues

  1. 1 Whether it is 'not practicable' to effect service under the Hague Convention for purposes of FCR r 10.48
  2. 2 Whether order for deemed service should be made under FCR r 10.48

Ratio Decidendi

Service under the Hague Convention, although inconvenient and delayed, is not 'not practicable' within the meaning of FCR r 10.48. As such, deemed service is not available and the applicant must attempt service again under the Hague Convention.

Court Disposition

Application for deemed service dismissed.

Orders

  • Prayer 1 of the interlocutory application filed on 27 July 2018 is dismissed.
  • The matter be listed for a case management hearing on 19 October 2018 at 9.30am for determination of costs.