Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aussie Home Security Pty Ltd v Sales Systems Australia Pty Ltd [2000] FCA 498
PRACTICE & PROCEDURE – application for leave to serve originating process overseas – whether statement of claim originating process – whether cross-claim originating process – whether Court must be satisfied that party seeking leave has prima facie case on every cause of action being relied on – whether Court must be satisfied that O 8, r 1 applies to every cause of action being relied on – whether Court must be satisfied that it has jurisdiction with respect to every cause of action being relied on – when cause of action arises in Australia for purpose of O 8, r 1(a) – representation made by video link from the Netherlands to Australia.
Federal Court Rules, O 4 r 3, O 5 rr 2(2) & 11, O 8, rr 1, 2 & 3 Midori International Pty Ltd v Prentice [1999] FCA 170 (Sackville J, 1 March 1999, unreported), followed Cell Tech Communications Pty Ltd v Nokia Mobile Phones (UK) Ltd (1994) 58 FCR 365, cited Chapman v Travelstead (FCA: French J, 12 June 1998, unreported), cited Caterpillar Inc v John Deere Ltd [1999] FCA 1503 (Carr, Sundberg and Kenny JJ, 1 November 1999, unreported), followed Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539, followed Tycoon Holdings Ltd v Trencor Jetco Inc (1992) 34 FCR 31, not followed Liftronic Pty Limited v Montgomery Elevator Company (1996) ATPR ¶41-458, discussed Re Wakim; Ex parte McNally (1999) 163 ALR 270, cited
Chorus et al (eds), Introduction to Dutch Law for Foreign Lawyers 2nd, rev. ed. 1993 at pp. 131 & 140 AUSSIE HOME SECURITY PTY LIMITED & ANOR v SALES SYSTEMS AUSTRALIA PTY LIMITED & ORS NG 1319 OF 1998 KATZ J 17 APRIL 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1319 of 1998
BETWEEN: AUSSIE HOME SECURITY PTY LIMITED
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