Arab v Pan, in the matter of Pan

YATES J: 1 On 14 July 2023, I made a number of orders in this proceeding including an order (Order 2) that the applicants' application filed on 4 July 2023, the affidavit affirmed by Wong Kwok Keung on 29 June 2023 comprising 77 paragraphs, and exhibit WKK-1 referred to therein, be served on the respondent as soon as practicable and, in any case, at least 5 days before 9 August 2023. 2 Compliance with this order required personal service. For the reasons explained in the evidence before me, the applicants have not been able to effect personal service of the documents on the respondent. They now move ex parte on an unfiled (at the time of the hearing) interim application for an order for substituted service under r 10.24 of the Federal Court Rules 2011 (Cth). 3 Rule 10.24 provides: If it is not practicable to serve a document on a person in a way required by these Rules, a party may apply to the Court without notice for an order: (a) substituting another method of service; or (b) specifying that, instead of being served, certain steps be taken to bring the document to the attention of the person; or (c) specifying that the document is taken to have been served: (i) on the happening of a specified event; or (ii) at the end of a specified time. Note: Without notice is defined in the Dictionary. 4 Based on the material that has been directed to my attention, particularly the correspondence from Patrick Mak & Tse referred to in Exhibit WKK-3 at pages 1 to 10, and in Exhibit NT-1 at pages 1 to 2, and having regard to the attempt at personal service referred to in paragraphs 1 to 4 of Ms Tsang's affidavit of 8 August 2023, I am satisfied that it is not practicable to serve the documents referred to in Order 2 made on 14 July 2023 on the respondent personally. For that reason, personal service should be dispensed with and substituted service should be ordered. 5 I am satisfied that the firm of solicitors known as Patrick Mak & Tse act generally for the respondent in relation to his bankruptcy, other than in respect of one matter that does not appear to be relevant to the present application, and that they appear to be in contact with him. 6 It would be appropriate therefore to grant the relief that is sought in prayers 3, 4, 5 and 6 of the interim application presently before the Court. 7 Orders should be made accordingly. I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Yates.