Agnish Pty Limited v Folio Invest Pty Limited

GRIFFITHS J: 1 The applicant moves on an interlocutory application filed on 1 July 2019, supported by an affidavit of its instructing solicitor, Mr Wilyen Aguino, dated 28 June 2019. The Court has also been assisted by helpful submissions made by Mr Anderson on behalf of the applicant. The Court is satisfied, having regard to the material before it, and the submissions made by Mr Anderson, that orders should be made in accordance with the short minutes of order. In substance, the applicant seeks an order under r 10.48 of the Federal Court Rules 2011 (Cth) (FCRs 2011) deeming that service has been effected on the third respondent in respect of three documents which are identified in paragraph 1 of the short minutes of order. I am satisfied that, for the purposes of r 10.48, it has proven not to be practicable to serve the documents in person on the third respondent in Sierra Leone: four such attempts at personal service have been unsuccessful. 2 The Court is also satisfied on the basis of the evidence before it that the three documents in question have been brought to the attention of Mr Bilbie by reference, in particular, to correspondence received from the registered office of the first and second respondents, and also by reference to Mr Bilbie's own actions in filing both a defence and an affidavit in the proceeding. Having regard to the events that have occurred and the difficulties of personal service on Mr Bilbie, the Court is also satisfied that an order for substituted service should be made in accordance with r 10.49 of the FCRs 2011. 3 The Court will make an order in accordance with order 3 of those sought by the applicant requiring the applicant to serve a copy of these orders on the respondents by email to the two known addresses associated with Mr Bilbie. The Court will also direct that a copy of these brief reasons for judgment be served on the respondents by email to the same addresses by no later than 8 pm on 5 July 2019, by which time these ex tempore reasons for judgment will have been transcribed. Other than that, the Court makes orders in accordance with the short minutes of order, initialled by me. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Griffiths.