Condon (liquidator) v Hope, in the matter of Mount Yenga Contracting Pty Limited (In Liquidation) [2024] FCA 267

Condon (liquidator) v Hope, in the matter of Mount Yenga Contracting Pty Limited (In Liquidation) [2024] FCA 267

The Court was satisfied that the plaintiffs had made reasonable attempts on multiple occasions to serve Mr Hope, that service in the manner required by the Rules was not practicable, and that the proposed methods of substituted service were likely to bring the documents to Mr Hope's attention.

Jurisdiction
Australia
Judgment Date
21 March 2024
Procedural Posture
Interlocutory Application for Substituted Service in a Corporations and Corporate Insolvency Proceeding / Determined on the Papers
Outcome
Orders for substituted service made.
Legal Topics
['substituted Service' 'service of Originating Process and Statement of Claim']
['practice and Procedure' 'corporations and Corporate Insolvency'] ['substituted Service' 'service of Originating Process and Statement of Claim']

Case Brief

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Procedural Posture

Interlocutory Application for Substituted Service in a Corporations and Corporate Insolvency Proceeding / Determined on the Papers

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted leave under r 10.24 of the Federal Court Rules 2011 (Cth) to serve the Originating Process and Statement of Claim on the defendant by substituted service.']

Ratio Decidendi

The Court was satisfied that the plaintiffs had made reasonable attempts on multiple occasions to serve Mr Hope, that service in the manner required by the Rules was not practicable, and that the proposed methods of substituted service were likely to bring the documents to Mr Hope's attention.

Court Disposition

Orders for substituted service made.

Orders

  • ['The plaintiffs be granted leave to serve the Originating Process and Statement of Claim dated 16 October 2023 on the Defendant by leaving a copy of the Process, the SOC, the orders dated 18 March 2024 and these orders marked for the attention of the defendant with an employee at Hope Estate located at 2213 Broke...