Western Australian Consolidated Regulations

RULES OF THE SUPREME COURT 1971 - ORDER 9 RULE 2

2 .         Service of writ on agent of oversea principal

        (1)         Where the Court is satisfied on an ex parte application that — 

            (a)         a contract has been entered into within the jurisdiction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction; and

            (b)         the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate; and

            (c)         at the time of the application either the agent’s authority has not been determined or he is still in business relations with his principal,

                the Court may authorise service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.

        (2)         An order under this Rule authorising service of a writ on a defendant’s agent must limit a time within which the defendant must enter an appearance.

        (3)         Where an order is made under this Rule authorising service of a writ on a defendant’s agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction, if such address is known to the plaintiff.