Fiorentino, Pino v Irons, Roslyn Marrietta & Ors [1997] FCA 1425

Fiorentino, Pino v Irons, Roslyn Marrietta & Ors [1997] FCA 1425

A summons to attend examination under s 596B(1) Corporations Law is 'originating process' for the purposes of O 8 r 1 Federal Court Rules; thus, leave to serve it outside the Commonwealth may be granted if the other requirements of O 8 r 2 are met.

Source-derived case information.

Parties
Applicant: Pino Fiorentino; First Respondent: Roslyn Marrietta Irons; Second Respondent: Robert Stewart Francis Dwyer; Third Respondent: Allan Reginald Dwyer; Fourth Respondent: Wade Hewitt
Jurisdiction
Australia
Judgment Date
12 November 1997
Procedural Posture
Application Concerning Examination Summons in Liquidation / Interlocutory Motion for Leave to Serve Summons Outside the Jurisdiction
Outcome
Leave granted to serve summons outside Commonwealth; orders made as sought in amended notice of motion.
Legal Topics
Service Outside Jurisdiction, Examination of Persons Under S 596 B(1) Corporations Law, Interpretation of 'originating Process'
Corporations Law Practice and Procedure Service Outside Jurisdiction Examination of Persons Under S 596 B(1) Corporations Law Interpretation of 'originating Process'

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 1
Sign in to unlock

Parties

Pino Fiorentino

Applicant

Roslyn Marrietta Irons

First Respondent

Robert Stewart Francis Dwyer

Second Respondent

Allan Reginald Dwyer

Third Respondent

Wade Hewitt

Fourth Respondent

Procedural Posture

Application Concerning Examination Summons in Liquidation / Interlocutory Motion for Leave to Serve Summons Outside the Jurisdiction

Legal Issues

  1. 1 Whether a summons to attend examination under s 596B(1) Corporations Law is 'originating process' for the purposes of O 8 r 1 Federal Court Rules
  2. 2 Whether leave should be granted to serve such a summons outside the Commonwealth

Ratio Decidendi

A summons to attend examination under s 596B(1) Corporations Law is 'originating process' for the purposes of O 8 r 1 Federal Court Rules; thus, leave to serve it outside the Commonwealth may be granted if the other requirements of O 8 r 2 are met.

Court Disposition

Leave granted to serve summons outside Commonwealth; orders made as sought in amended notice of motion.

Orders

  • Leave be granted to the applicant to serve outside the Commonwealth a summons to attend examination under s 596B(1) of the Corporations Law addressed to Robert Stewart Francis Dwyer.
  • The applicant's solicitors arrange for the summons to be served personally upon Mr Dwyer in England.