Zervas v Burkitt

The appeal and cross-appeal concerned an application for leave to proceed against a respondent company in liquidation, Ultimate Car Rentals Australia Pty Ltd, under section 471B of the Corporations Act 2001 (Cth). The proceedings also involved an application for substituted service on the respondent, where the initiating process was to be served in another state and was likely to bring the proceedings to the attention of the intended recipient. The matter was heard by Gleeson JA.

The primary legal issues before the court were whether leave should be granted under section 471B of the Corporations Act 2001 (Cth) to commence and proceed with the appeal and cross-appeal against the company in liquidation, and whether substituted service should be ordered in lieu of personal service on the respondent.

Gleeson JA granted leave to both the appellant and the cross-appellant under section 471B of the Corporations Act 2001 (Cth) *nunc pro tunc* to commence and proceed with their respective appeals against Ultimate Car Rentals Australia Pty Ltd (in liquidation). The court also ordered substituted service of the notice of appeal and notice of cross-appeal, along with any applicable notices under the Service and Execution of Process Act 1992 (Cth). This substituted service was to be effected by sending the documents by prepaid ordinary post to a specified address in Victoria and by leaving a copy of the documents with a person apparently over the age of 16 years at that address, or if no such person was present, by leaving the documents at the address. The court further ordered that a copy of its order be served with the notices of appeal and cross-appeal, and that the notices be taken to have been served seven days after compliance with the substituted service orders. The time for service was extended to 21 days from the date of the order.