Big Un Limited (in liq) v Evertz

The plaintiff, Big Un Limited, in liquidation, brought an action against Evertz and others. The plaintiff sought damages and an account of profits for infringement of copyright. The matter was heard in the Federal Court of Australia. The plaintiff had failed to serve the defendants within the statutory time, and sought an extension of time to serve the originating process. The plaintiff also sought substituted service of the originating process on the first defendant, as attempts to serve the defendant had failed.

The court considered whether there was good reason for granting an extension of time to serve the originating process and whether substituted service was appropriate. The court found that the plaintiff had established good reason for the delay in serving the originating process, and that the defendants had not been prejudiced by the delay. The court also found that the plaintiff had made numerous attempts to serve the first defendant, and that substituted service was appropriate. The court ordered that the originating process be served on the first defendant by bringing the documents to the defendant's attention by service on various addresses and notification by text and LinkedIn account.

The court further ordered that the plaintiff be granted an extension of time to serve the originating process. The court made no orders as to costs.