Chen v Blockchain Global Limited

The case of Chen v Blockchain Global Limited involved an application by the plaintiff to obtain substituted service of the originating process against the second defendant, Blockchain Global Limited. The plaintiff, Chen, sought to bring a claim against Blockchain Global in the Supreme Court of Victoria, however, the company could not be served with the necessary documents. The dispute centred on whether the court should permit the use of alternative methods of service, given that personal service was deemed impracticable. The plaintiff proposed several different methods of service, which were the subject of judicial scrutiny.

The legal issues before the court included whether the court had the authority to allow substituted service under the relevant rules and statutes. Specifically, the court needed to determine whether the methods proposed by the plaintiff would be likely to bring the originating process to the notice of Blockchain Global, as required by the Supreme Court (General Civil Procedure) Rules 2015 (Vic) rules 6.10(1) and 6.10(2), and the Civil Procedure Act 2010 (Vic) sections 7(1) and 59. The court had to balance the plaintiff's right to access justice against the second defendant's rights to be properly served with legal documents.

After considering the evidence and submissions, the court found that the proposed methods of service were adequate to ensure that Blockchain Global would be likely to receive the originating process. The court was satisfied that the various methods, taken together, would effectively bring the documents to the attention of the defendant company. The court emphasised the importance of ensuring that the defendant had a fair opportunity to respond to the proceedings, while also recognising the practical difficulties in serving a company that was avoiding service. The court granted the application for substituted service, allowing the plaintiff to proceed with the proposed methods.