Cell Tech Communications Pty Ltd v Nokia Mobile Phones (UK) Ltd & Ors [1995] FCA 239

CATCHWORDS PRACTICE AND PROCEDURE - application to set aside service - service effected outside Australia pursuant to leave - whether prima facie case that applicant entitled to "relief" sought - distinction between relief sought and causes of action relied on - distinction between originating process and accompanying statement of claim or affidavits - "prima facie case". WORDS AND PHRASES - "Prima facie case". CONTRACT - breach - damages - nominal damages - accrual of cause of action for breach not dependent upon proof that loss or damage caused. Federal Court Rules Order 9 r 7 and Order 8 sub-r 2 (2).

WSGAL Pty Ltd v Trade Practices Commission (1992) 39 FCR 472. Merpro Montassa Limited v Conoco Specialty Products Inc (1991) 28 FCR 387. CELL TECH COMMUNICATIONS PTY LTD v NOKIA MOBILE PHONES (UK) LIMITED & ORS No NG 148 of 1994 Lindgren J Sydney 20 April 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 148 of 1994 GENERAL DIVISION ) BETWEEN: CELL TECH COMMUNICATIONS PTY LTD Applicant AND: NOKIA MOBILE PHONES (UK) LIMITED First Respondent NILS ERIK VILHEILM MARTENSSON Second Respondent HANS WAGNER Third Respondent CORAM: Lindgren J PLACE: Sydney DATE: 20 April 1995

MINUTE OF ORDERS THE COURT: 1. Orders that the proceedings stand over to Monday 24 April 1995 at 9.30 am. 2. Directs that at that time the parties bring in an agreed form of short minutes of orders, and if agreement shall not have been reached, the forms of short minutes of orders for which they respectively contend.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.