Modular Nominees Pty Ltd v Berrached [1999] FCA 237

Modular Nominees Pty Ltd v Berrached [1999] FCA 237

The requirement to annex the actual bankruptcy notice under O 77 r 12(2) can be dispensed with using O 1 r 8, as the Rules allow the court discretion to relax procedural requirements; conditions for substituted service are satisfied due to the respondent's unknown overseas location and demonstrated impracticality of personal service.

Jurisdiction
Australia
Judgment Date
10 February 1999
Procedural Posture
Bankruptcy Application / Application for Substituted Service
Outcome
Application granted
Legal Topics
['substituted Service' 'service Outside Jurisdiction' 'compliance With Bankruptcy Procedure' 'dispensation of Rules']
['bankruptcy'] ['substituted Service' 'service Outside Jurisdiction' 'compliance With Bankruptcy Procedure' 'dispensation of Rules']

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Procedural Posture

Bankruptcy Application / Application for Substituted Service

Legal Issues

  1. 1 ['Whether requirement to annex actual bankruptcy notice to substituted service application can be dispensed with' 'Whether it is impractical to serve the respondent personally as required by the Federal Court Rules']

Ratio Decidendi

The requirement to annex the actual bankruptcy notice under O 77 r 12(2) can be dispensed with using O 1 r 8, as the Rules allow the court discretion to relax procedural requirements; conditions for substituted service are satisfied due to the respondent's unknown overseas location and demonstrated impracticality of personal service.

Court Disposition

Application granted

Orders

  • ['Personal service and service per Regulation 16.01 of the Bankruptcy Regulations dispensed with.' "Service by sending a copy of the bankruptcy notice and this order to the respondent's solicitor by post." 'Strict compliance with Order 77 rule 12(2) dispensed with.']