Wandina Holdings Pty Ltd v Duncan and Wandina Holdings Pty Ltd v Cacho

Wandina Holdings Pty Ltd sought substituted service of bankruptcy notices on two individuals, Duncan and Cacho, who were believed to be outside Australia. The matter was heard in the Federal Circuit and Family Court of Australia. The primary concern was whether the applicant had taken sufficient steps to locate or contact the debtors before seeking substituted service, and if there was evidence of abnormal difficulty in effecting personal service on the respondents.

The court was required to determine if the applicant's evidence was sufficient to satisfy the criteria for making an order for substituted service, specifically whether there was evidence of abnormal difficulty. The court also considered whether it was appropriate to adjourn the hearing to allow for further evidence rather than dismissing the application outright.

The court found that the evidence provided by the applicant was insufficient to demonstrate that abnormal difficulty existed in effecting personal service on the respondents. However, it acknowledged the potential cost and inconvenience of dismissal for the applicant. Therefore, the court decided to adjourn the hearing to allow the applicant an opportunity to file further affidavits in support of the application. This decision was made to ensure fairness and to prevent undue hardship on the applicant.

The final orders included adjourning the hearing to 10:15am on 17 March 2011 and granting the applicant leave to file further affidavits before that date. This decision provided the applicant with an opportunity to present additional evidence to support their application for substituted service.