Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
South State Food & Beverage Pty Ltd (ACN 083 873 312) v Chanda Kaur trading as Desaron Singapore [2005] FCA 587
PRACTICE AND PROCEDURE – service out of the jurisdiction – respondents located in Republic of Singapore
Copyright Act 1968 (Cth) ss 36, 115, 190, 195AZA, 202 Fair Trading Act 1987 (SA) ss 56, 58, 83, 84 Trade Practices Act 1974 (Cth) ss 52, 53, 80, 82, 86C, 87 Sale of Goods (Vienna Convention) Act 1986 (SA) s 4 Federal Court of Australia Act 1976 s 33Z United Nations on Contracts for the International Sale of Goods arts 53, 62, 64, 78
Tycoon Holdings Ltd v Trencor Jetco Inc (1992) 34 FCR 31 cited SOUTH STATE FOOD & BEVERAGE PTY LTD (ACN 083 873 312) v CHANDA KAUR TRADING AS DESARON SINGAPORE & EURO PACIFIC BEVERAGES PTE LTD (REG NO 200402539N) No SAD 240 of 2004 FINN J ADELAIDE 12 MAY 2005
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 240 OF 2004
BETWEEN: SOUTH STATE FOOD & BEVERAGE PTY LTD
ACN 083 873 312
APPLICANT
AND: CHANDA KAUR TRADING AS DESARON SINGAPORE
FIRST RESPONDENT
EURO PACIFIC BEVERAGES PTE LTD
REG NO 200402539N
SECOND RESPONDENT
JUDGE: FINN J
DATE OF ORDER: 12 MAY 2005
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: On the filing of a Further Amended Application and Further Amended Statement of Claim deleting the claims and orders in respect of which I have not agreed to give leave in these reasons, I will order that: (1) Pursuant to Division 3 Order 8 of the Federal Court Rules, the applicant have leave to serve: (a) the Further Amended Application filed as above; (b) the Further Amended Statement of Claim filed as above; and (c) the reasons for this order as published: outside the Commonwealth upon the first and second respondents in the Republic of Singapore. (2) The applicant file a revised request in form 14A to reflect the terms of Order 1. (3) The first respondent and second respondent file an appearance three weeks after the transmittal to the Court through the diplomatic channel by the government or court of the Republic of Singapore that the documents referred to in paragraph 1 above have been personally served or served in accordance with the law of the Republic of Singapore. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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