Heenan (Receiver), in the matter of Ruby Apartments Pty Ltd (in liq) v Ralan Paradise No. 1 Pty Ltd (in liq)

In the Federal Court of Australia, the case of Heenan (Receiver), in the matter of Ruby Apartments Pty Ltd (in liq) v Ralan Paradise No. 1 Pty Ltd (in liq) involved an application by the receivers for orders deeming service of originating documents on a large number of defendants. The dispute arose from the liquidation of Ruby Apartments Pty Ltd, with the receivers seeking to establish service of documents on defendants, some of whom were located in the People’s Republic of China. The legal issue before the court was whether it was impracticable to effect personal service on the relevant defendants and whether it could be inferred, on the balance of probabilities, that the originating documents had been brought to the attention of the relevant defendants.

The court examined the evidence provided by the receivers, who had sent an email to the defendants containing a hyperlink to the originating documents. The receivers argued that, because many of the defendants had confirmed receipt of the email and some had sought further information, it could be inferred that they had read the documents. The court considered whether these actions supported the inference that the defendants had been brought to the attention of the documents, as required by rule 10.23(b) of the Federal Court Rules 2011. The court concluded that where there were actions and circumstances that supported, on the balance of probabilities, an inference that the documents had been brought to the attention of the relevant person, the requirement would be satisfied.

Based on the evidence presented, the court deemed service of the originating documents on various defendants as of specific dates, and dismissed an interlocutory application. The court also made orders relating to the cessation of a party and the amendment of a defendant's name. Costs were reserved for later determination.