Ahmed v Al-Hussain Pty Ltd t/as The Cheesecake Shop

Jameel Ahmed brought proceedings against Al-Hussain Pty Ltd t/as The Cheesecake Shop and others, alleging breaches of employment agreements and underpayment of wages. The respondents filed defences and the applicant sought leave to serve documents on one respondent in Pakistan. The Court was required to determine whether Mr Ahmed had established a prima facie case and whether service of the originating application could be effected in Pakistan under the Hague Convention.

The Court found that Mr Ahmed had established a prima facie case against the company and its alleged controller for underpayment of wages and other breaches of contract. The Court concluded that the applicant had satisfied the requirements of rule 10.43 of the Federal Court Rules 2011 for establishing a prima facie case. The Court also found that service of the originating application on the second respondent in Pakistan was permissible under Article 10(a) of the Hague Convention. Pakistan had not objected to service by postal means as permitted by the Convention.

Accordingly, the Court made orders substituting the second respondent, permitting service of documents on the second respondent in Pakistan, requiring the other respondents to file defences, standing over the proceedings for case management, and granting liberty to apply. The Court exercised its discretion under rule 10.43 of the Federal Court Rules 2011 to permit service on the second respondent in Pakistan, finding that the requirements of the rule were satisfied.