Azzi v Fox Fire Security System L.L.C. [2020] NSWSC 331

Supreme Court New South Wales

Medium Neutral Citation: Azzi v Fox Fire Security System L.L.C. [2020] NSWSC 331 Hearing dates: 9 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) Proceedings dismissed.

(2) The plaintiff is to pay the defendants' costs. Catchwords: CIVIL PROCEDURE - service outside Australia - proceedings in which permitted - application to dismiss proceedings - rule 11.6 UCPR – where prescribed notice not served on defendants – whether this Court was an inappropriate forum - whether proceedings have insufficient prospects of success to warrant putting the defendants to the time, expense and delay of defending the claim – whether test under r 11.6 was the same as the test under General Steel Industries Inc v Commissioner for Railways (NSW) -claims under ss 18 and 21 of the Australian Consumer Law – representations alleged to have been made in the United Arab Emirates concerning an employment contract in that place – where representations allegedly made by family members of the plaintiff on behalf of UAE company - whether representations were misleading and deceptive – whether defendants engaged in unconscionable conduct - all claims had poor prospects of success - proceedings dismissed

PRIVATE INTERNATIONAL LAW - jurisdiction - non-exercise of jurisdiction - forum non conveniens - connecting factors – juridical advantage - claims under ss 18 and 21 of the Australian Consumer Law – where no corresponding rights in foreign jurisdiction – where representations made to plaintiff in Australia – where damage suffered in Australia – local court was not an inappropriate forum Legislation Cited: Australian Consumer Law ss 18, 21, 236 Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 s 42 Fair Trading Amendment (Australian Consumer Law) Act 2010 (NSW) Service and Execution of Process Act 1992 (Cth) Supreme Court Rules 1970 (NSW) Pt 10 r 6A Uniform Civil Procedure Rules 2005 (NSW) 11.6, 11.7, 14.28 Cases Cited: Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594; [1990] HCA 17 Director of Consumer Affairs Victoria v Scully [2013] VSCA 292 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Henry v Henry (1996) 185 CLR 571 Murphy v Victoria [2014] VSCA 238; (2014) 313 ALR 546 O'Reilly v Western Sussex Hospitals NHS Trust [2010] NSWSC 909 Puttick v Tenon Ltd (2008) 238 CLR 265; [2008] HCA 54 Regie National des Usines Renault SA & Anor v Zhang [2002] HCA 10; (2002) 187 ALR 1 Taylor v Crossman (No 2) [2012] FCAFC 11 Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538 Texts Cited: Nil Category: Principal judgment Parties: Wissam Georges Azzi (Plaintiff) Fox Fire Security System LLC (First Defendant) Georges Mukhayel Somaya Dit Asbahie aka Georges Samia (Second Defendant) Helene Baradihi aka Helene Lotfallah Baradihi (Third Defendant) Nancy George Azzi (Fourth Defendant) Representation: Counsel: S Stanton (Plaintiff) M Connor (Defendants)