Murex Diagnostics Australia Pty Ltd Chiron Corporation & Ors [1996] FCA 162

Murex Diagnostics Australia Pty Ltd Chiron Corporation & Ors [1996] FCA 162

The evidence was sufficient to allow joinder and, although close to the borderline, sufficient to establish a prima facie case for service out of the jurisdiction; Mr Kerr should have the opportunity to seek to make the case, subject to amending the statement of claim as indicated in argument.

Jurisdiction
Australia
Judgment Date
08 March 1996
Procedural Posture
Notice of Motion for Joinder and Service Out of the Jurisdiction / Reasons for Judgment on Notice of Motion
Outcome
Notice of motion granted
Legal Topics
['joinder of Parties' 'service Out of the Jurisdiction' 'prima Facie Case']
['civil Procedure'] ['joinder of Parties' 'service Out of the Jurisdiction' 'prima Facie Case']

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Procedural Posture

Notice of Motion for Joinder and Service Out of the Jurisdiction / Reasons for Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether the parent company should be joined on the basis of evidence suggesting it may have authorised breaches alleged against the Murex companies already parties.' 'Whether there was a sufficient prima facie case for service out of the jurisdiction.']

Ratio Decidendi

The evidence was sufficient to allow joinder and, although close to the borderline, sufficient to establish a prima facie case for service out of the jurisdiction; Mr Kerr should have the opportunity to seek to make the case, subject to amending the statement of claim as indicated in argument.

Court Disposition

Notice of motion granted

Orders

  • ['Order made on the footing that Mr Kerr will amend the statement of claim in the manner indicated in the course of argument.']