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Service out of the jurisdiction and retrospective validation of service (YA II PN Ltd v Frontera Resources Corp)

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Published on: 04 June 2021

Published by a LexisNexis Dispute Resolution expert

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What was the background?
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Case details

Article summary

Dispute Resolution analysis: The court allowed an application to set aside a default judgment that had been entered following the purported service of proceedings in the USA. The order granting permission to serve outside of the jurisdiction had specified the address at which proceedings could be served; but the claimant had not served at that location. As such default judgment fell to be set aside. However, the court would retrospectively validate the steps taken to serve the defendant in the circumstances and set a future time for it to file an acknowledgment of service by. Written by Christopher Snell, barrister at New Square Chambers.

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