Darc Rasmussen v Eltrax Systems Pty Ltd & ors (No. 4) [2006] NSWIRComm 225

Industrial Relations Commission of New South Wales in Court Session

CITATION: Darc Rasmussen v Eltrax Systems Pty Ltd & ors (No. 4) [2006] NSWIRComm 225

APPLICANT Darc Rasmussen

FIRST RESPONDENT Eltrax Systems Pty Ltd (formerly Sulcus (Australia) Pty Ltd) (ACN 053 993 025)

SECOND RESPONDENT Christopher Ian Gribble PARTIES: THIRD RESPONDENT Jo- Ann Schlein

FOURTH RESPONDENT John Picardi

FIFTH RESPONDENT Verso Technologies (Formerly Eltrax Systems Inc)

FILE NUMBER(S): IRC 4276 of 2001

CORAM: Marks J

CATCHWORDS: Two conflicting Notice of Motions – applicant sought leave to proceed against non submitting foreign respondent –applicants solicitor effected service of 2nd amended summons through agent based in foreign country - applicants solicitor served motion via letter – fifth respondent argued no proper service of either, the Court had no jurisdiction & applicant's motion be dismissed - whether particular documentation furnished to Court in the appropriate form. Held: Applicant's motion upheld – need for evidence of proper service applies to 2nd amended summons only – effected according to the law of that country – internet publication reliable source of information – motion served with confirmation of receipt – position taken by respondent, that applicant must prove strictly questions of service and compliance with foreign law not acceptable in contemporary times – fifth respondent's motion dismissed.

Evidence Act 1995 Industrial Relations Act 1996 Industrial Relations Commission Rules 1996 LEGISLATION CITED: Legal Profession Act 1987 Supreme Court Act 1970 Uniform Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005