Century Insurance (in provisional liquidation) v New Zealand Guardian Trust

In Century Insurance (in provisional liquidation) v New Zealand Guardian Trust, the Federal Court of Australia dismissed a motion by New Zealand Guardian Trust Limited and NZI International Trustee Company Limited to set aside an order granting leave to serve originating process on them out of Australia. The applicants, Century Insurance (in provisional liquidation) and the Bebbingtons, had obtained leave to serve the respondents out of Australia ex parte, and the respondents subsequently filed a conditional appearance and moved to set aside the order. The respondents argued that the applicants had not established a prima facie case for relief and had not made full disclosure of relevant documents. The court found that the applicants had established a prima facie case for relief based on the material presented, and that the failure to disclose the terms of a deed of release and indemnity did not warrant setting aside the order. The court held that the proceeding was within its jurisdiction, that the relevant provisions of the Federal Court Rules applied, and that there was a sufficient connection between the relevant conduct and the Australian forum. The court dismissed the motion with costs.