Moss v Gorrie

In *Moss v Gorrie*, the Federal Court of Australia considered an application by the applicant, Mr. Moss, for substituted service of a creditors petition on the respondent, Mr. Gorrie. The core of the dispute concerned whether Mr. Gorrie was carrying on business in Australia at the time of the alleged act of bankruptcy, which was a prerequisite for the court to exercise jurisdiction over him in relation to the petition.

The primary legal issue before the court was whether substituted service of the creditors petition should be permitted, and in particular, whether the court had jurisdiction to make such an order given the respondent's alleged absence from Australia. This hinged on the interpretation of "carrying on business in Australia" within the context of the *Bankruptcy Act 1966* (Cth) and the rules governing service of process, especially when service was sought outside of Australia.

Judge Lucev reasoned that the test for "carrying on business in Australia" requires an examination of the respondent's activities within Australia, not merely their domicile or residence. The court found that the evidence presented did not establish that Mr. Gorrie was carrying on business in Australia at the relevant time. Consequently, the court lacked jurisdiction to make an order for substituted service of the creditors petition, as the foundational requirement of the respondent carrying on business in Australia had not been met.

The application for substituted service was therefore dismissed.