In Hellyer Gold Mines Pty Ltd v Johnston and Bengal Bay Capital Pte Ltd [2024] QSC 112, the Supreme Court of Queensland considered an application by Hellyer Gold Mines Pty Ltd (the plaintiff) to serve a statement of claim on defendants located overseas without leave of the court. The first defendant, Rodger Stuart Johnston, resides in Indonesia, while the second defendant, Bengal Bay Capital Pte Ltd, is based in Singapore. Justice Davis ruled that since the Uniform Civil Procedure Rules 1999 (Qld) allow the service of the "originating process" (inclusive of the statement of claim) in certain international circumstances without leave, the plaintiff's application was unnecessary and thus dismissed. Additionally, as the defendants were not served the application, no costs were incurred by them, leading the court to make no order as to costs. The orders directed that the application be determined without an oral hearing, otherwise dismissed, and no order as to costs.
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