Parmalat Australia Ltd v Rush Drinks Ltd [2010] FCA 675

Parmalat Australia Ltd v Rush Drinks Ltd [2010] FCA 675

The Court granted leave to serve the notice of appeal out of jurisdiction using alternative methods available through an English solicitor, due to the apparent unavailability of diplomatic channel service in the UK and satisfaction with requirements under Order 8 r 3(2).

Parties
Applicant: Parmalat Australia Ltd; Respondent: Rush Drinks Ltd
Jurisdiction
Australia
Judgment Date
16 March 2010
Procedural Posture
Application / Application for Leave to Serve Notice of Appeal Out of Jurisdiction
Outcome
Leave granted to serve notice of appeal out of jurisdiction; extension of time for service allowed.
Legal Topics
Service of Process, Jurisdiction, Extension of Time
Civil Procedure Service of Process Jurisdiction Extension of Time

Case Brief

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Parties

Parmalat Australia Ltd

Applicant

Rush Drinks Ltd

Respondent

Procedural Posture

Application / Application for Leave to Serve Notice of Appeal Out of Jurisdiction

Legal Issues

  1. 1 Whether leave should be granted to serve a notice of appeal out of the jurisdiction
  2. 2 Whether extension of time to serve notice of appeal is appropriate
  3. 3 Appropriate method of service in the United Kingdom

Ratio Decidendi

The Court granted leave to serve the notice of appeal out of jurisdiction using alternative methods available through an English solicitor, due to the apparent unavailability of diplomatic channel service in the UK and satisfaction with requirements under Order 8 r 3(2).

Court Disposition

Leave granted to serve notice of appeal out of jurisdiction; extension of time for service allowed.

Orders

  • Leave granted to serve notice of appeal in the UK using process via English solicitor.
  • Extension of time for service of notice of appeal granted.