Southwell v Maladina [2002] FCA 802

Southwell v Maladina [2002] FCA 802

The court is not willing to entertain applications for orders for examination under s 81 of the Bankruptcy Act 1966 against persons not resident or not physically in Australia, except possibly for Australian citizens. Even if jurisdiction existed, discretion would be exercised against making such orders due to potential hardship.

Jurisdiction
Australia
Judgment Date
03 May 2002
Procedural Posture
Bankruptcy Application / Interlocutory; Application for Substituted Service and Adjournment
Outcome
application adjourned; no further orders for substituted service made
Legal Topics
['international Service of Process' 'substituted Service' 'orders for Examination']
['bankruptcy'] ['international Service of Process' 'substituted Service' 'orders for Examination']

Case Brief

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Procedural Posture

Bankruptcy Application / Interlocutory; Application for Substituted Service and Adjournment

Legal Issues

  1. 1 ['Whether the Court has jurisdiction to order examination under s 81 of the Bankruptcy Act 1966 (Cth) against non-residents' 'Whether substituted service may be ordered for non-residents for examination purposes']

Ratio Decidendi

The court is not willing to entertain applications for orders for examination under s 81 of the Bankruptcy Act 1966 against persons not resident or not physically in Australia, except possibly for Australian citizens. Even if jurisdiction existed, discretion would be exercised against making such orders due to potential hardship.

Court Disposition

application adjourned; no further orders for substituted service made

Orders

  • ['The application be adjourned to a date to be fixed.']