SIGMA COACHAIR GROUP PTY LIMITED v BOCK AUSTRALIA PTY LIMITED & ANOR [2009] NSWSC 684

New South Wales Supreme Court

CITATION : SIGMA COACHAIR GROUP PTY LIMITED v BOCK AUSTRALIA PTY LIMITED & ANOR [2009] NSWSC 684

HEARING DATE(S) : Friday 22 May 2009; Thursday 4 June 2009

JUDGMENT DATE : 23 July 2009

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : Dismiss the second defendant's application on the amended notice of motion in respect of order (3).

CATCHWORDS : PRIVATE INTERNATIONAL LAW - jurisdiction - leave to proceed under UCPR r 11.4 against a foreign defendant - cross application to set aside service under UCPR r 12.11 - compressors manufactured by German company (the second defendant) sold to Australian supplier (the first defendant) who sold them onto Australian plaintiff company - plaintiff constructed air conditioning units using the compressors in air conditioning units installed in trains in India and allegedly suffered damage when the plaintiff claimed the compressors failed - misleading and/or deceptive conduct under the Trade Practices Act and negligence pleaded against German manufacturer – whether claims had insufficient prospects of success - where representations contained in the catalogue, operating instructions and data plate affixed to the compressors which were provided by German manufacturer to the Australian supplier upon sale of compressors were representations provided by German manufacturer to the plaintiff in NSW – the act relied upon and giving the plaintiff its cause for complaint (the representations) occurred in NSW – claims fall within the grounds of Schedule 6 UCPR and at least for the purposes of the application had sufficient prospects of success - Supreme Court of NSW not a clearly inappropriate forum - second defendant's application to set aside service dismissed