Cook Building and Development Pty Ltd v Citicorp International Ltd (FCA) - pre-action discovery - prospective applicant granted leave to serve originating process and affidavits on prospective respondent in Hong Kong in People’s Republic of China |
Summaries With Link (Five Minute Read) |
Cook Building and Development Pty Ltd v Citicorp International Ltd [2015] FCA 703 Federal Court of Australia White J Pre-action discovery - service - prospective applicant construction company sought leave to serve originating process and affidavits on prospective respondent in Hong Kong in People’s Republic of China - whether prima facie case for order for pre-action discovery - held: requirements of r10.43(3) Federal Court Rules 2011 satisfied - no readily available alternative means by which applicant could serve proceedings - leave granted pursuant to rr10.42 & 10.43 leave to serve originating process and affidavits on prospective respondent in People’s Republic of China in accordance with the Hague Convention Cook
|