Arab v Pan, in the matter of Pan [2023] FCA 948

Arab v Pan, in the matter of Pan [2023] FCA 948

On the evidence, including correspondence from Patrick Mak & Tse and an attempted personal service, it was not practicable to serve the respondent personally. Because Patrick Mak & Tse acted generally for the respondent in relation to his bankruptcy and appeared to be in contact with him, personal service should be dispensed with and substituted service by hand delivery to that firm should be ordered.

Jurisdiction
Australia
Judgment Date
09 August 2023
Procedural Posture
Application for Substituted Service in Bankruptcy Proceeding / Ex Parte Interim Application
Outcome
Application granted; personal service dispensed with and substituted service ordered.
Legal Topics
['substituted Service' 'personal Service' 'bankrupt Estate']
['practice and Procedure' 'bankruptcy' 'commercial and Corporations'] ['substituted Service' 'personal Service' 'bankrupt Estate']

Case Brief

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Procedural Posture

Application for Substituted Service in Bankruptcy Proceeding / Ex Parte Interim Application

Legal Issues

  1. 1 ["Whether personal service of the applicants' application and supporting affidavit on the respondent was not practicable." "Whether personal service should be dispensed with and substituted service ordered by delivering the documents to the respondent's solicitors in Hong Kong."]

Ratio Decidendi

On the evidence, including correspondence from Patrick Mak & Tse and an attempted personal service, it was not practicable to serve the respondent personally. Because Patrick Mak & Tse acted generally for the respondent in relation to his bankruptcy and appeared to be in contact with him, personal service should be dispensed with and substituted service by hand delivery to that firm should be ordered.

Court Disposition

Application granted; personal service dispensed with and substituted service ordered.

Orders

  • ["Upon the undertaking of the applicants' solicitor to pay any applicable filing fee, leave be granted to the applicants to file the interim application dated 9 August 2023." 'The interim application be returnable instanter.' "Pursuant to r 1.34 of the Federal Court Rules 2011 (Cth) and/or r 14.03(3) of the Federal...