In the matter of Liquor National Pty Ltd ACN 100 586 776 (receivers and managers appointed)

Liquor National Pty Ltd ACN 100 586 776 sought an order requiring the first defendant to deliver up books and records. The proceedings took place in a relevant Australian court. The first defendant did not appear and provided a medical certificate stating they were suffering from a severe depressive disorder, rendering them unfit to engage in any legal process. The plaintiff sought to issue subpoenas to obtain additional evidence regarding the first defendant’s medical condition, concerned that the first defendant was incapable of managing their affairs, potentially necessitating the appointment of a tutor. However, the court held that instead of investigating the medical condition of the first defendant, where service in compliance with the orders for substituted service had been established, it was more appropriate to make final orders which could be served on the first defendant, with leave to apply to set them aside being reserved.

The court considered the necessity of substituted service and the procedural fairness required in such circumstances. The plaintiff's primary concern was ensuring that the first defendant’s inability to participate in the legal process did not unduly delay the proceedings. The court emphasised that if service in accordance with the substituted service orders was established, the focus should shift to making final orders that can be served on the first defendant, with the provision for leave to set aside those orders if necessary. This approach balanced the procedural fairness and the need for the proceedings to progress without undue delay.

Ultimately, the court issued final orders to be served on the first defendant, with leave to apply to set them aside being reserved. This decision reflected a pragmatic approach to the procedural issues at hand, ensuring that the proceedings could move forward while preserving the first defendant's rights. The orders were made with the understanding that any further steps could be revisited if the first defendant’s condition or circumstances warranted it.