Worldwide Timber Traders Pty Ltd v Brouwer [2005] FCA 1929

Worldwide Timber Traders Pty Ltd v Brouwer [2005] FCA 1929

Leave to serve the second respondent outside the jurisdiction in Malaysia should be granted under Federal Court Rules Order 8 rule 2, as the Court has jurisdiction, the rules apply, and the applicant has a prima facie case for relief. Leave to proceed against the bankrupt first respondent is properly abandoned for...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 December 2005
Procedural Posture
Civil / Interlocutory Directions Hearing
Outcome
leave granted for service outside jurisdiction; interlocutory application to proceed against bankrupt respondent abandoned
Legal Topics
['provable Debts in Bankruptcy' 'service Outside Jurisdiction' 'unliquidated Damages' 'misleading or Deceptive Conduct' 'rescission' 'injunction']
['bankruptcy' 'trade Practices'] ['provable Debts in Bankruptcy' 'service Outside Jurisdiction' 'unliquidated Damages' 'misleading or Deceptive Conduct' 'rescission' 'injunction']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Directions Hearing

Legal Issues

  1. 1 ['Whether leave is required to proceed against a bankrupt respondent for non-provable debt' 'Whether leave should be granted to serve second respondent outside jurisdiction under Federal Court Rules' 'Whether applicant has prima facie case against second respondent relating to rescission, injunction, and damages']

Ratio Decidendi

Leave to serve the second respondent outside the jurisdiction in Malaysia should be granted under Federal Court Rules Order 8 rule 2, as the Court has jurisdiction, the rules apply, and the applicant has a prima facie case for relief. Leave to proceed against the bankrupt first respondent is properly abandoned for non-provable debts.

Court Disposition

leave granted for service outside jurisdiction; interlocutory application to proceed against bankrupt respondent abandoned

Orders

  • ['Applicant granted leave pursuant to O 8 r 2(2) Federal Court Rules to serve second respondent in Malaysia.' 'Proceedings re-listed for directions on 8 February 2006 at 10.00 am.']