Optics Online Pty Limited v Sunland Group Limited [2007] FCA 711

Optics Online Pty Limited v Sunland Group Limited [2007] FCA 711

Substituted service of a subpoena was appropriate due to the inability to serve Peter Giuffre personally; orders were made for access to documents and the future conduct of the proceedings, including timetabling for a notice of motion by the first respondent.

Jurisdiction
Australia
Judgment Date
11 May 2007
Procedural Posture
Civil / Interlocutory/directions Hearing and Orders
Outcome
Orders made for substituted service, access to documents and directions for future steps. Directions hearing vacated and proceeding stood over.
Legal Topics
['subpoena' 'substituted Service' 'access to Documents' 'directions' 'pleadings']
['civil Procedure'] ['subpoena' 'substituted Service' 'access to Documents' 'directions' 'pleadings']

Case Brief

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Procedural Posture

Civil / Interlocutory/directions Hearing and Orders

Legal Issues

  1. 1 ['Whether substituted service of a subpoena on Peter Giuffre should be allowed' 'Access to documents produced on subpoena' 'Timetable for filing and serving a notice of motion regarding adequacy of pleading']

Ratio Decidendi

Substituted service of a subpoena was appropriate due to the inability to serve Peter Giuffre personally; orders were made for access to documents and the future conduct of the proceedings, including timetabling for a notice of motion by the first respondent.

Court Disposition

Orders made for substituted service, access to documents and directions for future steps. Directions hearing vacated and proceeding stood over.

Orders

  • ['Personal service of subpoena on Peter Giuffre dispensed with' 'Leave to fourth and fifth respondents for substituted service of subpoena on Peter Giuffre' 'Service to be effected by registered post to specific address' 'Subpoena deemed served after 7 days of mailing' 'Peter Giuffre to produce subpoenaed documents...