Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd

The applicants, Fubilan Catering Services Limited, sought leave to serve their application out of jurisdiction on the third respondent, Compass Group (Australia) Pty Ltd, which has a registered office in the United Kingdom. The dispute arose out of an alleged breach of a catering services contract, with Fubilan claiming that Compass Group failed to provide the agreed services, leading to financial loss and reputational damage. The application was heard by the Federal Court of Australia.

The court had to determine whether it had jurisdiction to serve the application out of the jurisdiction on the third respondent and if so, the appropriate location for service and the time within which the respondent should enter an appearance. The applicants argued that the third respondent's UK address was suitable for service as it was its registered office and where it conducted significant business operations. They also contended that the time for entering an appearance should be fourteen days from the service of the application, in line with standard practice.

The court granted the application, finding that the UK address was appropriate for service given its connection to the third respondent's business operations and the fact that it was its registered office. The court reasoned that this location would ensure effective service and allow the respondent to respond within a reasonable time. Additionally, the court accepted that a fourteen-day period for entering an appearance was appropriate. The costs of the motion were awarded to the applicants.