Mercator Property Consultants Pty Ltd v Christmas Island Resort Pty Ltd

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.