Newave Investments Ltd v Complete Command SDN BHD [1999] FCA 1537

FEDERAL COURT OF AUSTRALIA

Newave Investments Ltd v Complete Command SDN BHD [1999] FCA 1537

PRACTICE AND PROCEDURE – application for leave to serve out of the jurisdiction – application based on service on party within jurisdiction and joinder of party outside jurisdiction – claims for breach of contract and contravention of Part V of Trade Practices Act 1974 (Cth) – contraventions of Trade Practices Act not shown to have been committed within Australia – no basis demonstrated for extended application of Trade Practices Act – no ministerial consent – prima facie case condition satisfied – motion adjourned for further evidence.

Federal Court Rules Order 8

Trade Practices Act 1974 (Cth) s 52, s 82

NEWAVE INVESTMENTS LTD v COMPLETE COMMAND SDN BHD and JAMES HAMILTON MACPHAIL

W 41 of 1999

FRENCH J

5 NOVEMBER 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W41 OF 1999

BETWEEN: NEWAVE INVESTMENTS LTD

Applicant

AND: COMPLETE COMMAND SDN BHD

First Respondent

JAMES HAMILTON MACPHAIL

Second Respondent

JUDGE: FRENCH J

DATE OF ORDER: 5 NOVEMBER 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. On the Applicant's motion filed 11 October 1999 insofar as the motion seeks leave pursuant to Order 8 rule 2(2) to serve the Further Amended Application and Further Amended Statement of Claim on the First Respondent in Malaysia, leave is declined.

2. There is liberty to the Applicant to file further affidavits within fourteen days to support its contention that the Court has jurisdiction in this matter.

3. The motion is relisted for 26 November 1999 at 9am.

4. There be liberty to apply.

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