Perpetual Trustees Victoria Limited v Tatjana Erdogan

The case of Perpetual Trustees Victoria Limited versus Tatjana Erdogan was heard in the Federal Circuit and Family Court of Australia. The dispute involved the validity of a substituted service of originating process. Perpetual Trustees Victoria Limited sought to enforce a security interest over certain property, relying on a mortgage document. Tatjana Erdogan, the defendant, challenged the service of the originating process, arguing it was not correctly served.

The central legal issues before the court were whether the substituted service order was appropriately made and if the court could exercise its discretion to refuse the application to set aside the service. The court had to determine if the defendant's active participation in the proceedings constituted a sufficient ground to refuse the application to set aside the substituted service.

The court considered the defendant's active role in the proceedings, which included filing a statement of claim and defending the matter. Despite the defendant's objections, the court found that the substituted service was correctly and appropriately made, as it was carried out in accordance with the rules of court. The court emphasised its general discretion to refuse an application to set aside service where the applicant had been actively involved in the proceedings. Ultimately, the court decided that the application to set aside the substituted service was not warranted, and the substituted service was upheld. The court's decision was based on the principle that active participation in the proceedings could be a ground for refusing such an application.