Eurogold Limited v Oxus Holdings (Malta) Limited

Eurogold Limited, an Australian company, brought an application against Oxus Holdings (Malta) Limited and Oxus Gold Limited in relation to a dispute over the ownership of gold deposits. The application was heard in the Federal Court of Australia, where Eurogold sought leave to serve its application and statement of claim on the respondents in Malta and the United Kingdom, respectively.

The legal issues before the court were whether the applicants had leave to serve their application and statement of claim on the respondents in Malta and the United Kingdom in accordance with the Hague Service Convention, and whether the applicants were required to also serve the documents by post or in another manner. The court had to consider the relevant provisions of the Hague Service Convention and the Federal Court Rules to determine the appropriate method of service.

The court found that the applicants had leave to serve their application and statement of claim on the respondents in Malta and the United Kingdom in accordance with the Hague Service Convention. The court also found that the applicants were required to serve the documents by post or in another manner as specified in the Federal Court Rules. The court noted that service by post or other means was necessary to ensure that the respondents received the documents and had an opportunity to respond to the application. The court further found that the costs of the motion were costs in the cause.

The court made orders granting the applicants leave to serve their application and statement of claim on the respondents in Malta and the United Kingdom in accordance with the Hague Service Convention, and requiring the applicants to also serve the documents by post or in another manner as specified in the Federal Court Rules. The court also ordered that the costs of the motion be costs in the cause.