Mahmood v Chohan

[2021] FCA 973

FEDERAL COURT OF AUSTRALIA

Mahmood v Chohan [2021] FCA 973

File number(s):

NSD 566 of 2021

Judgment of:

JAGOT J

Date of judgment:

12 August 2021

Date of publication of reasons:

19 August 2021

Catchwords:

PRACTICE AND PROCEDURE – service – application for leave to serve respondent in Pakistan – leave granted.

Legislation:

Diplomatic Privileges and Immunities Act 1967 (Cth) s 7

Fair Work Act 2009 (Cth)

Foreign States Immunities Act 1985 (Cth) s 9

Federal Court Rules 2011 (Cth) rr 10.41, 10.42, 10.43

Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters. Opened for signature 15 November 1965. 658 UNTS 163 (entered into force 10 February 1969)

Vienna Convention on Diplomatic Relations. Opened for signature 18 April 1961. 500 UNTS 95 (entered into force on 24 April 1964)

Cases cited:

Reyes v Al-Malki [2017] UKSC 61

The Owners – Strata Plan No 87231 v 3a Composites GMBH [2019] FCA 811; (2019) 369 ALR 315

Division:

Fair Work Division

Registry:

New South Wales

National Practice Area:

Employment and Industrial Relations

Number of paragraphs:

18

Date of hearing:

12 August 2021

Counsel for the Applicant:

Ms K Nomchong SC with Ms P Bindon

Solicitor for the Applicant:

Clayton Utz

Counsel for the Respondent:

The Respondent did not appear

ORDERS

NSD 566 of 2021

BETWEEN:

SHAHID MAHMOOD

Applicant

AND:

NAELA CHOHAN

Respondent

ORDER MADE BY:	JAGOT J
DATE OF ORDER:	12 AUGUST 2021

THE COURT ORDERS THAT:

1.Leave is granted pursuant to r 10.43(1)(a) of the Federal Court Rules 2011 (Cth) to serve the Originating Application and Statement of Claim, both lodged for filing on 7 June 2021, in Pakistan.

2.On or before 12 September 2021, the Applicant shall seek to effect service in accordance with the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of:

a)the Originating Application;

b)the Statement of Claim; and

c)this Order.

3.The matter be listed for a further case management hearing on a date to be fixed by the Court; and

4.The costs of and incidental to the making of this order be reserved.

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

REASONS FOR JUDGMENT

JAGOT J:

1. These reasons for judgment explain why, on 12 August 2021, I granted the applicant leave to serve the originating application and statement of claim in Pakistan pursuant to r 10.43(1)(a) of the Federal Court Rules 2011 (Cth) (the FCR).

2. These reasons for judgment are based on the written submissions for the applicant in support of the interlocutory application prepared by Ms Nomchong SC and Ms Bindon. I indicated on 12 August 2021 that I accepted these submissions and proposed, in effect, to adopt them as my reasons for judgment. I have done so, in effect, because the submissions say all they need to say and no more. I express my gratitude to Ms Nomchong SC and Ms Bindon for the comprehensiveness…