Pinnacle Runway Pty Ltd v Triangl Limited [2017] FCA 627

Pinnacle Runway Pty Ltd v Triangl Limited [2017] FCA 627

It was not practicable to serve the Originating Documents on the respondent under the Hague Convention as the registered address was deserted and the respondent had no forwarding address; the documents were brought to the attention of the respondent by email; therefore the requirements for deemed service under r 10.48 were satisfied.

Parties
Applicant: Pinnacle Runway Pty Ltd; Respondent: Triangl Limited
Jurisdiction
Australia
Judgment Date
01 June 2017
Procedural Posture
Interlocutory Application / Orders Made on Interlocutory Application Regarding Service
Outcome
Orders made granting deemed service, extending time for defence, allowing email service, costs reserved.
Legal Topics
Service Outside Australia, Deemed Service, Federal Court Rules 2011 (cth) R 10.48, Hague Convention
Practice and Procedure Service Outside Australia Deemed Service Federal Court Rules 2011 (cth) R 10.48 Hague Convention

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Parties

Pinnacle Runway Pty Ltd

Applicant

Triangl Limited

Respondent

Procedural Posture

Interlocutory Application / Orders Made on Interlocutory Application Regarding Service

Legal Issues

  1. 1 Whether service in accordance with the Hague Convention was reasonably practicable
  2. 2 Whether documents were brought to the attention of the respondent via email
  3. 3 Whether it is appropriate to deem service under r 10.48 of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

It was not practicable to serve the Originating Documents on the respondent under the Hague Convention as the registered address was deserted and the respondent had no forwarding address; the documents were brought to the attention of the respondent by email; therefore the requirements for deemed service under r 10.48 were satisfied.

Court Disposition

Orders made granting deemed service, extending time for defence, allowing email service, costs reserved.

Orders

  • Documents dated 12 July 2016 (Fast Track Application, Fast Track Statement, Genuine Steps Statement) deemed served on the respondent on 23 February 2017 under r 10.48.
  • Time for the respondent to file a notice of address for service and defence extended to 7 July 2017.