King & Wood Mallesons

Asia-Pacific 100 position: 3

WA Supreme Court considers circumstances in which service of proceedings in accordance with a contract will be 'deemed' effective

An appeal has been lodged in response to the Supreme Court of Western Australia’s decision in Bass Metals Ltd v Liongold Corp Ltd [2013] WASC 168, where the court considered the relationship between express terms contained in a contract, Service and Execution of Process Act 1992 (Cth) (SEPA) and Rules of the Supreme Court of Western Australia 1971 (WA) to determine the ability of parties to agree requirements for the service of documents commencing proceedings.

Liongold is a company incorporated in accordance with the laws of Bermuda, with no business (or address) in Australia. Liongold and Bass Metals entered into a share sale agreement in July 2012, whereby Bass Metals would sell all of the shares in a separate company to Liongold.

In September 2012, Matthew Gill was appointed chief operations officer of Liongold, with Liongold paying Castlemaine Goldfields for his services. This position did not give him authority to enter into transaction on Liongold’s behalf. At the time, Mr Gill was also the managing director of Castlemaine, which has an office located in Victoria…

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