Webster Computer Systems Pty Ltd v Fujitsu Ltd [2007] FCA 825

FEDERAL COURT OF AUSTRALIA

Webster Computer Systems Pty Ltd v Fujitsu Ltd [2007] FCA 825 PRACTICE AND PROCEDURE – service out of jurisdiction – alleged contraventions of the Trade Practices Act – alleged misleading or deceptive and/or negligent conduct in manufacturing – criteria for grant of leave to serve out of jurisdiction – whether causes of action fall within jurisdiction of the Court – leave granted

Trade Practices Act 1974 (Cth) ss 52 Fair Trading Act 1987 (NSW) ss 42, 82, 87

Federal Court Rules O 8 r 1, O 8 r 3(2)

McPherson's Ltd v Eaton (2005) 65 NSWLR 187 cited Re Wakim; ex parte McNally (1999) 198 CLR 511 cited Traxon Industries Pty Ltd v Emerson Electric Co (2006) 230 ALR 297 referred to Distillers Co (Biochemical) Ltd v Thompson [1971] 1 NSWLR 83 followed Fubilan Catering Services Ltd v Compass Group (Australia) Pty Ltd [2004] FCA 532 referred to Regie Nationale des Usines Renault SA v Zhang (2002) 210 CLR 491 cited Bray v F Hoffman-La Roche Ltd (2003) 130 FCR 317 cited WEBSTER COMPUTER SYSTEMS PTY LIMITED v FUJITSU LTD AND FUJITSU AUSTRALIA LTD NSD 306 OF 2007

CONTI J

29 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 306 OF 2007

BETWEEN: WEBSTER COMPUTER SYSTEMS PTY LIMITED

Applicant

AND: FUJITSU LTD

First Respondent

FUJITSU AUSTRALIA LTD

Second Respondent

JUDGE: CONTI J DATE OF ORDER: 9 MAY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant have leave pursuant to Order 8 Rule 3(2) of the Federal Court Rules to serve the application and statement of claim on the first respondent by using the diplomatic channel. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 306 OF 2007