Sanc (Australia) Pty Ltd v Dixon

Sanc (Australia) Pty Ltd brought an action against Dixon in the Supreme Court of Victoria. The dispute involves a claim for damages arising from a breach of contract and associated tortious claims. The defendants, who are alleged to be located in Singapore, were to be served with the originating process and related documents in accordance with foreign service procedures outlined in the Supreme Court (General Civil Procedure) Rules 2015 (Vic). The primary legal issue before the Court was whether the application for substituted service of the originating process complied with the statutory and procedural requirements under the Civil Procedure Act 2010 (Vic) and the relevant rules.

The Court considered whether the applicant had demonstrated that the defendants were not amenable to service within Australia and whether the chosen method of substituted service was appropriate. The Court examined the application of rules 6.02, 6.03, 6.10, 7.02, 7.05, 7.08, 7.09-7.15 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) in conjunction with sections 7, 8, and 9 of the Civil Procedure Act 2010 (Vic). The applicant needed to show that all reasonable steps had been taken to effect personal service and that substituted service was the next best alternative. The Court also assessed the sufficiency of the affidavit evidence provided to support the application.

In determining the application, the Court found that the applicant had adequately demonstrated that the defendants were not amenable to service within Australia and that substituted service was the appropriate method. The Court held that the application complied with the statutory and procedural requirements, and granted the order for substituted service of the originating process and related documents in accordance with the foreign service procedure. The Court emphasised the importance of following the correct procedures and providing sufficient evidence to support the application. The final order was made in favour of the applicant, allowing for the substituted service as requested.