Bulong Nickel Pty Ltd v Bateman Project Engineering Pty Ltd [2001] FCA 1900

Bulong Nickel Pty Ltd v Bateman Project Engineering Pty Ltd [2001] FCA 1900

On the material presented, the applicants established a prima facie case in respect of the claims made against the third and fourth respondents for misleading or deceptive conduct under s 52 and s 82 of the Trade Practices Act 1974 (Cth), negligence, and breach of collateral contract; consequently, it is appropriate to grant leave to serve originating process outside Australia on the third and fourth respondents.

Parties
First Applicant: Bulong Nickel Pty Ltd (ACN 000 807 036); Second Applicant: Bulong Operations Pty Ltd (ACN 008 930 881); First Respondent: Bateman Project Engineering Pty Ltd (ACN 056 741 596); Second Respondent: Kinhill Pacific Pty Ltd (ACN 010 241 620); Third Respondent: SNC-Lavalin Engineers & Constructors Inc; Fourth Respondent: Kilborn Engineering & Construction Ltd
Jurisdiction
Australia
Judgment Date
25 June 2001
Procedural Posture
Application for Leave to Serve Originating Process Out of Australia / Interlocutory Motion for Leave to Serve Out of Jurisdiction
Outcome
Leave granted to serve originating process outside Australia on the third and fourth respondents.
Legal Topics
Leave to Serve Process Outside Australia, Misleading or Deceptive Conduct, Negligence in Engineering Services, Breach of Contract, Collateral Contract, Jurisdiction, Prima Facie Case Requirements
Practice and Procedure Trade Practices Contract Law Tort Law (negligence) Leave to Serve Process Outside Australia Misleading or Deceptive Conduct Negligence in Engineering Services Breach of Contract +3 more

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Parties

Bulong Nickel Pty Ltd (ACN 000 807 036)

First Applicant

Bulong Operations Pty Ltd (ACN 008 930 881)

Second Applicant

Bateman Project Engineering Pty Ltd (ACN 056 741 596)

First Respondent

Kinhill Pacific Pty Ltd (ACN 010 241 620)

Second Respondent

SNC-Lavalin Engineers & Constructors Inc

Third Respondent

Kilborn Engineering & Construction Ltd

Fourth Respondent

Procedural Posture

Application for Leave to Serve Originating Process Out of Australia / Interlocutory Motion for Leave to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether leave should be granted to serve originating process on the third and fourth respondents outside the Commonwealth of Australia
  2. 2 Whether applicants have established a prima facie case for relief sought against foreign respondents

Ratio Decidendi

On the material presented, the applicants established a prima facie case in respect of the claims made against the third and fourth respondents for misleading or deceptive conduct under s 52 and s 82 of the Trade Practices Act 1974 (Cth), negligence, and breach of collateral contract; consequently, it is appropriate to grant leave to serve originating process outside Australia on the third and fourth respondents.

Court Disposition

Leave granted to serve originating process outside Australia on the third and fourth respondents.

Orders

  • Applicants granted leave to serve the Application and Amended Statement of Claim outside Australia on the third and fourth respondents by service in accordance with Canadian law.
  • Copies of the Application served must be endorsed in red ink with the terms of Order 9 rule 7 of the Federal Court Rules.