Recent Cases

Israel Discount Bank Limited v ACN 078 272 867 Pty Ltd (in liq) (formerly Advance Finances Pty Ltd) [2019] FCAFC 90 (31 May 2019) (Yates, Beach and Moshinsky JJ)


PRACTICE AND PROCEDURE – service out of the jurisdiction – where orders had been made granting leave to two plaintiffs to serve the originating process and associated documents on two overseas defendants – where the defendants applied to have the orders discharged or to set aside service – where the primary judge dismissed the defendants’ application – principles applicable to establishing a prima facie case for the purposes of r 10.43(4) of the Federal Court Rules 2011 – whether the primary judge erred in finding that the plaintiffs had established a prima facie case for relief against the defendants – application for leave to appeal dismissed