Hooke v Bux Global Limited (No 7)

FEDERAL COURT OF AUSTRALIA

Hooke v Bux Global Limited (No 7) [2018] FCA 2065

File number:

WAD 644 of 2017

Judge:

COLVIN J

Date of judgment:

13 December 2018

Date of publication of reasons:

18 December 2018

Catchwords:

PRACTICE AND PROCEDURE - application for substituted service - failed attempt to effect personal service - application allowed

Cases cited:

Commissioner of Taxation v Caratti (No 2) [2018] FCA 1500

Hooke v Bux Global Limited(No 6) [2018] FCA 1545

Date of hearing:

Determined on the papers

Registry:

Western Australia

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Category:

Catchwords

Number of paragraphs:

12

Counsel for the Plaintiffs:

Ms C Spencer

Solicitor for the Plaintiffs:

Tottle Partners

Counsel for the Defendant:

The Defendant did not appear

ORDERS

WAD 644 of 2017

BETWEEN:

PETER JAMES HOOKE & CLAIRE ELIZABETH HOOKE

First Plaintiff

PETER JAMES HOOKE & BRICE JAMES HOOKE AS TRUSTEES FOR THE HOOKE SUPERANNUATION FUND

Second Plaintiff

JOHN CORRAN CRAWFORD

Third Plaintiff

AND:

BUX GLOBAL LIMITED (ACN 613 313 616)

Defendant

JUDGE:	COLVIN J
DATE OF ORDER:	13 DECEMBER 2018

THE COURT ORDERS THAT:

1.Personal service of the following documents on Raymond Webber and Christopher Webber be dispensed with:

(a)the plaintiffs' interlocutory application dated 24 October 2018;

(b)the affidavit of Caroline Cecilie Spencer sworn 23 October 2018; and

(c)the plaintiffs' submissions in support of costs orders dated 24 October 2018;

(together, the 'Documents').

2.Copies of the Documents and a copy of these orders be served on Raymond Webber by:

(a)emailing them to [e-mail]; and

(b)emailing them to Andrew Webber at [e-mail] and asking Andrew Webber to bring them to the attention of Raymond Webber as soon as possible.

3.Copies of the Documents and a copy of these orders be served on Christopher Webber by:

(a)emailing them to [e-mail]; and

(b)emailing them to Andrew Webber at [e-mail] and asking Andrew Webber to bring them to the attention of Christopher Webber as soon as possible.

4.The hearing of the plaintiffs' interlocutory application be listed at 9.15 am on 22 January 2019.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

COLVIN J:

1. On 11 October 2018 I made orders winding up Bux Global Limited on just and equitable grounds:  Hooke v Bux Global Limited(No 6) [2018] FCA 1545. The plaintiffs now seek orders for indemnity costs in the fixed amount of $535,016 and further seek orders that each of Raymond Webber, Andrew Webber and Christopher Webber (each of who was not a party to the winding‑up application) be jointly and severally liable for the payment of those costs.

2. The costs application has been personally served on Mr Andrew Webber.  On 13 December 2018 I made orders on the ex parte application of the plaintiffs dispensing with personal service on each of Mr Raymond Webber and Mr Christopher Webber of the costs application, the affidavit in support and the plaintiffs' submissions (Documents) and that…