Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Traxon Industries Pty Ltd ACN 009 318 987 v Emerson Electric Co
[2006] FCA 450
PRACTICE AND PROCEDURE – service of originating process out of jurisdiction – whether the proceeding is one to which Federal Court Rules O 8 r 1 applies – claims based on misleading and deceptive conduct in Australia in contravention of the Trade Practices Act 1974 (Cth) – breach in the United States of contract made in Australia – breach of duty of confidence – breach of fiduciary duty – breach of confidence and breach of fiduciary duty alleged to have occurred in the United States – whether causes of action must be wholly within one or more of the heads enumerated in rule 1 – whether a prima facie case disclosed – proceeding not one to which O 8 r 1 applies – application adjourned – leave to amend statement of claim and to file further evidence
Trade Practices Act 1974 (Cth)
Delco Australia Pty Ltd v Equipment Enterprises Incorporated trading as Kukla Trenchers [2000] FCA 821 cited
Distillers Co (Biochemicals) v Thompson [1971] AC 458 cited
Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 cited
Merpro Montass Ltd v Conoco Specialty Products In (1991) 28 FCR 387 cited
Western Australia v Vetter Trittler Pty Ltd (in liq) (1991) 30 FCR 102 cited
Federal Court of Australia Rules O 8 r 1
TRAXON INDUSTRIES PTY LTD ACN 009 318 987 v EMERSON ELECTRIC CO
WAD 106 OF 2006
FRENCH J
26 APRIL 2006
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 106 OF 2006
BETWEEN: TRAXON INDUSTRIES PTY LTD
ACN 009 318 987
APPLICANT
AND: EMERSON ELECTRIC CO
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 26 APRIL 2006
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The applicant's motion filed 18 April 2006 is adjourned to 19 May 2006 at 9.45am or such earlier date as may be fixed. 2. The applicant has leave to amend its statement of claim and to file further affidavit material in support of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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