Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Traxon Industries Pty Ltd ACN 009 318 987 v Emerson Electric Co (No 2)
[2006] FCA 630
PRACTICE AND PROCEDURE – service of originating process out of jurisdiction – causes of action in misleading and deceptive conduct in Australia – breach in the United States of contract made in Australia – breach of fiduciary duty – conduct constituting breach of fiduciary duty allegedly occurred in the United States – claim for breach of fiduciary duty renders proceeding one to which O 8 r 1 does not apply – leave to serve out of the jurisdiction further amended application and statement of claim omitting cause of action in breach of fiduciary duty
Trade Practices Act 1974 (Cth) s 52, s 86(1)
Federal Court Rules O 8
Traxon Industries Pty Ltd v Emerson Electric Co [2006] FCA 450 cited
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
TRAXON INDUSTRIES PTY LTD ACN 009 318 987 v EMERSON ELECTRIC CO
WAD 106 OF 2006
FRENCH J
26 MAY 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
FIRST APPLICANT
TRAXON INTERNATIONAL LTD
SECOND APPLICANT
AND: EMERSON ELECTRIC CO
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 26 MAY 2006
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. Traxon International Ltd be joined as the second applicant.
2. The applicant be redesignated as the first applicant.
3. Service on the respondent out of the jurisdiction is to be effected as follows and leave is so given:
3.1 Serving, by a private agent, upon the firm of Husch and Eppenberger LLC, Suite 600, 190 Carondelet Plaza, St Louise, Missouri in the United States of America (USA) copies of:
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