AIA Australia Ltd v Richards

[2017] FCA 84

FEDERAL COURT OF AUSTRALIA

AIA Australia Ltd v Richards [2017] FCA 84

File number:

NSD 1853 of 2016

Judge:

ALLSOP CJ

Date of judgment:

10 February 2017

Catchwords:

PRACTICE AND PROCEDURE – where the applicant seeks leave to serve the respondent in Latvia – whether proposed manner of service permitted by Hague Service Convention – whether requirements in r 10.4(3) and (4) of the Federal Court Rules 2011 (Cth) satisfied – application granted

Legislation:

Federal Court Rules 2011 (Cth) rr 10.42, 10.43

Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Opened for signature 15 November 1965. 658 UNTS 163 arts 5, 8, 10. (entered into force 1 November 2010)

Cases cited:

Bell v Steele [2011] FCA 1390; 198 FCR 291

Deputy Commissioner of Taxation v Cheung Kong Infrastructure Holdings Ltd [2013] FCA 707; 96 ATR 44

Deputy Commissioner of Taxation v Power Assets Holdings Ltd (previously known as Hongkong Electric Holdings Ltd) [2013] FCA 708; 96 ATR 51

Kadam v MiiResorts Group 1 Pty Ltd (No 2) [2016] FCA 1343

Davies M, Bell AS, Brereton PLG, Nygh’s Conflict of Laws in Australia (9^th ed, LexisNexis Butterworths, 2014)

Practical Handbook on the Operation of the Hague Service Convention (Permanent Bureau of the Hague Conference on Private International Law, 2006)

Date of hearing:

6 February 2017

Registry:

New South Wales

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

Commercial Contracts, Banking, Finance and Insurance
Insurance List

Category:

Catchwords

Number of paragraphs:

26

Counsel for the Appellant:

Ms R Francois

Solicitor for the Appellant:

William Roberts Lawyers

Counsel for the Respondent:

The respondent did not appear

ORDERS

NSD 1853 of 2016

BETWEEN:

AIA AUSTRALIA LTD

Appellant

AND:

VINCENT BRIAN RICHARDS

Respondent

JUDGE:	ALLSOP CJ
DATE OF ORDER:	10 FEBRUARY 2017

THE COURT ORDERS THAT:

1.The applicant have leave to file and serve the amended originating application, amended statement of claim and affidavits of Mr Brian Silva sworn on 19 October 2016 and 30 January 2017 upon the respondent in Latvia in accordance with Article 10(a) of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at The Hague on 15 November 1965 by:

(a)sending the documents by international registered post with an acknowledgement of receipt to be provided to the applicant; and

(b)having a translation of the documents into Latvian accompany the documents sent by international registered post.

2.The proceeding be listed for further case management at 9:30am on Monday 1 May 2017.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

ALLSOP CJ:

Background

1. This is a proceeding from the Federal Court Insurance List in which the applicant, AIA Australia Ltd, seeks declaratory relief and an award of damages in relation to a contract of life insurance between it and the respondent, Vincent Brian Richards.  It is alleged that the respondent made false and/or fraudulent representations when making claims under…