In the matter of Sunnya Pty Ltd [2024] NSWSC 988

In the matter of Sunnya Pty Ltd [2024] NSWSC 988

Personal service was effected on respondent outside Australia within the requirements of UCPR r 10.21, second limb, as documents were placed at respondent’s feet in his presence, he was told he had officially been served, and he was aware of the nature of the documents due to prior attempts and legal representation; leave under UCPR r 11.8AA is granted since prerequisites are met and applicant has an arguable case.

Parties
First Plaintiff/applicant: Sunnya Pty Ltd; Second Plaintiff/applicant: Jatcorp Ltd; Respondent: Yi (Easter) Wu
Jurisdiction
Australia
Judgment Date
31 July 2024
Procedural Posture
Contempt Application in Civil Proceedings / Leave to Proceed Against Respondent Outside Jurisdiction
Outcome
Leave granted to proceed against respondent to contempt application under UCPR r 11.8AA
Legal Topics
Service Outside Jurisdiction, Personal Service Requirements, Leave to Proceed Against Non Appearing Respondent
Practice and Procedure Corporations Law Service Outside Jurisdiction Personal Service Requirements Leave to Proceed Against Non Appearing Respondent

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Parties

Sunnya Pty Ltd

First Plaintiff/applicant

Jatcorp Ltd

Second Plaintiff/applicant

Yi (Easter) Wu

Respondent

Procedural Posture

Contempt Application in Civil Proceedings / Leave to Proceed Against Respondent Outside Jurisdiction

Legal Issues

  1. 1 Whether personal service of documents was effected on respondent outside Australia under UCPR r 10.21
  2. 2 Whether leave should be granted to proceed against respondent under UCPR r 11.8AA who has not entered an appearance

Ratio Decidendi

Personal service was effected on respondent outside Australia within the requirements of UCPR r 10.21, second limb, as documents were placed at respondent’s feet in his presence, he was told he had officially been served, and he was aware of the nature of the documents due to prior attempts and legal representation; leave under UCPR r 11.8AA is granted since prerequisites are met and applicant has an arguable case.

Court Disposition

Leave granted to proceed against respondent to contempt application under UCPR r 11.8AA

Orders

  • Plaintiffs granted leave under UCPR r 11.8AA to proceed against Mr Wu in relation to the proceeding for contempt commenced by Notice of Motion filed 18 December 2023