Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fortron Automotive Treatments Pty Ltd v Jones [2006] FCA 1239
PRACTICE AND PROCEDURE – service of originating process out of jurisdiction – cause of action based on breach of contract governed by the laws of Western Australia – breach in Thailand – contract claim associated with claims against other parties for misleading or deceptive conduct in contravention of the Trade Practices Act 1974 (Cth) – claims based on accessorial liability in relation to such contraventions – contract claim within accrued jurisdiction – Order 8 applicable – prima facie case made out – leave to serve out of the jurisdiction Trade Practices Act 1974 (Cth) Fair Trading Act 1987 (WA)
Federal Court Rules O 8 r 1(1), O 8 r 2 State of Western Australia v Vetter Trittler Pty Ltd (In liq) (Receiver and Manager Appointed) (1991) 30 FCR 102 cited Bannerton Holdings Pty Ltd v Sydbank Soenderjylland A/S (unreported, Fed Ct, 9 February 1996, RD Nicholson J) cited Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539 cited Bray v F Hoffmann-La Roche Ltd (2003) 130 CR 317 cited FORTRON AUTOMOTIVE TREATMENTS PTY LTD v KENNETH JOHN JONES, TREBLEX AUTOMOTIVE PRODUCTS PTY LTD, SHEILA MARY JONES, WILLIAM PATRICK TULLY, HELEN GEORGINA TULLY, VERSALIFE PTY LTD, PETER ALLEN MATTHEWS, DONNA LORRAINE MATTHEWS, GAMMAR GROUPS (THAILAND) CO LTD, GOLD LEAF PRODUCTS CO LTD, PHATCHARA SRIKIJKUL AND PHANU CHANGLOR WAD 380OF 2005
FRENCH J
14 SEPTEMBER 2006
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 380 OF 2005
BETWEEN: FORTRON AUTOMOTIVE TREATMENTS PTY LTD
Applicant
AND: KENNETH JOHN JONES
First Respondent
TREBLEX AUTOMOTIVE PRODUCTS PTY LTD
Second Respondent
SHEILA MARY JONES
Third Respondent
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