Brown; Ex parte Farlin Timbers Int Pty Ltd [1999] FCA 1786
The Court granted the application because the material established a sufficient nexus with the jurisdiction, justified a forty-two day compliance period, and showed reasonable grounds for believing that the proposed methods of service and publication would bring the bankruptcy notice and its contents to the debtor's...
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 15 October 1999
- Procedural Posture
- Bankruptcy Application to Dispense With Personal Service and Serve the Bankruptcy Notice Outside the Jurisdiction / Ex Tempore Reasons for Judgment on Application
- Outcome
- Application granted; orders made as per initialled draft.
- Legal Topics
- ['bankruptcy Notice' 'service Outside Australia' 'dispensing With Personal Service' 'time for Compliance With Bankruptcy Notice' 'federal Court Rules']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Bankruptcy Application to Dispense With Personal Service and Serve the Bankruptcy Notice Outside the Jurisdiction / Ex Tempore Reasons for Judgment on Application
Legal Issues
- 1 ['Whether leave should be granted to serve a bankruptcy notice outside Australia in Indonesia.' 'Whether there was a sufficient nexus between the subject matter of the application and the jurisdiction.' 'Whether the time for compliance with the bankruptcy notice should be fixed at forty-two days.' 'Whether personal service of the bankruptcy notice should be dispensed with and alternative service ordered.' 'Whether strict compliance with Order 77 rule 12(3) of the rules should be dispensed with.']
Ratio Decidendi
The Court granted the application because the material established a sufficient nexus with the jurisdiction, justified a forty-two day compliance period, and showed reasonable grounds for believing that the proposed methods of service and publication would bring the bankruptcy notice and its contents to the debtor's attention, making it appropriate to dispense with personal service and make the other requested orders.
Court Disposition
Application granted; orders made as per initialled draft.
Orders
- ['Leave be granted to the applicant creditor to serve the bankruptcy notice out of Australia and that service be effected in Indonesia.' 'The time for compliance with the bankruptcy notice be fixed at forty-two days.' 'Personal service of the bankruptcy notice be disposed with.' 'A copy of the bankruptcy notice...
Full Case Text
Judgment text and source record
26 paragraphs
FEDERAL COURT OF AUSTRALIA Brown; Ex parte Farlin Timbers Int Pty Ltd [1999] FCA 1786 BANKRUPTCY - application to dispense with personal service and serve the bankruptcy notice outside the jurisdiction.
Mercator Property Consultants Pty Ltd v Christmas Island Resort Pty Ltd [1998] FCA 1150 Swan Brewery Co Ltd v Atlee [1998] FCA 277 Modular Nominees Pty Ltd v Berrached [1999] FCA 237
WAYNE BROWN; EX PARTE FARLIN TIMBERS INT PTY LTD NO Q 7406 OF 1999 COOPER J BRISBANE 15 OCTOBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q7406 OF 1999
BETWEEN: WAYNE BROWN
Applicant
AND: EX PARTE FARLIN TIMBERS INT PTY LTD
Respondent
JUDGE: COOPER J
DATE OF ORDER: 15 OCTOBER 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. Leave be granted to the applicant creditor to serve the bankruptcy notice out of Australia and that service be effected in Indonesia. 2. The time for compliance with the bankruptcy notice be fixed at forty-two days. 3. Personal service of the bankruptcy notice be disposed with. 4. A copy of the bankruptcy notice signed by the Official Receiver together with a sealed copy of this order be served on the Debtor (in a sealed envelope addressed to the Debtor) as follows : (a) By pre-paid registered post addressed to the Debtor at Mangala Wanabakti Building, Block IV, Lantai - 3,324/C, JL Gatot Subroto, Senayan, Jakarta. (b) By pre-paid registered post addressed to the solicitors for the Debtor, Luke Comino, at PO Box 2155, Tingalpa Qld 4173; and (c) By personal service on Maritta Brown at 17/16 Dellforest Mews, Dellforest Drive, Calamvale Qld 4116. 5. A notice in the form in the Schedule attached hereto be published in the Jakarta Post, a daily newspaper circulating in Jakarta, Indonesia. 6. The bankruptcy notice shall be deemed to be served upon the Debtor upon the expiration of seven (7) days from the date of the events referred to in paragraph 4 and 5, whichever occurs the latest. 7. Service in accordance with this order shall be deemed good and sufficient service of the bankruptcy notice upon the Debtor. 8. Pursuant to Order 1 rule 8 of the Federal Court Rules, strict compliance by the Applicant Creditor of Order 77 rule 12(3) of the rules be dispensed with. 9. The costs of and incidental to this application to be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q7406 OF 1999
BETWEEN: WAYNE BROWN
Applicant
AND: EX PARTE FARLIN TIMBERS INT PTY LTD
Respondent
JUDGE: COOPER J
DATE: 15 OCTOBER 1999
PLACE: BRISBANE
EX TEMPORE REASONS FOR JUDGMENT 1 This is an application to serve outside of Australia a bankruptcy notice against Wayne Brown, such bankruptcy notice is to be served in Indonesia. 2 I am satisfied on the material that there is a sufficient nexus between the subject matter of the application and the jurisdiction to justify the granting of such an order. I have had the advantage of reading the reasons of R D Nicholson J in the judgments of Mercator Property Consultants Pty Ltd v Christmas Island Resort Pty Ltd [1998] FCA 1150, Swan Brewery Co Ltd v Atlee [1998] FCA 277, and finally Modular Nominees Pty Ltd v Berrached [1999] FCA 237. 3 I am satisfied that the time for compliance with a bankruptcy notice should be fixed at forty-two days, and that the material filed in support of the application persuades me that personal service of the bankruptcy notice should be dispensed with, and that there are reasonable grounds for believing that service in terms of paragraph 4 and 5 of draft orders handed up by the applicant will bring to the notice of the debtor the issue of the bankruptcy notice and the contents of it. 4 The other orders which are sought seem to me, in the circumstances, to be reasonable and orders which are appropriate in the circumstances. Accordingly, it will be order as per initialled draft initialled by me and placed with the papers. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Cooper.
Associate: Dated: 15 October 1999
Counsel for the Applicant: C Francis Solicitor for the Applicant: Tobin Lawyers
Date of Hearing: 15 October 1999 Date of Judgment: 15 October 1999