AIMS Computer Systems Pty Ltd v IPC Corporation (Australia) Pty Ltd & Anor [1996] FCA 847

AIMS Computer Systems Pty Ltd v IPC Corporation (Australia) Pty Ltd & Anor [1996] FCA 847

The applicant established a prima facie case that Mr Merry was authorised to make representations on behalf of the second respondent about its standing, financial support of the first respondent and the security of the applicant's position under the consultancy agreement, and that those representations supported the Trade Practices Act claim. The relevant conduct was the making of the representations in Australia. Although the alleged guarantee claim was doubtful as a standalone basis for service out, it arose from substantially similar circumstances and was closely related to the misleading conduct claim for which leave was properly granted. The collateral contract allegation did not...

Jurisdiction
Australia
Judgment Date
20 September 1996
Procedural Posture
Application Involving Misleading or Deceptive Conduct, Damages, Guarantee and Related Contractual Claims / Second Respondent's Interlocutory Motion Under O 9 R 7 to Set Aside the Originating Process, Discharge Leave for Service Outside the Commonwealth, or Set Aside Service
Outcome
Second respondent's motion dismissed with costs.
Legal Topics
['service Outside the Commonwealth' 'prima Facie Case' 'misleading or Deceptive Conduct' 'representations as to Future Conduct' 'situs of Conduct' 'guarantee' 'collateral Contract']
['practice and Procedure' 'trade Practices' 'contract'] ['service Outside the Commonwealth' 'prima Facie Case' 'misleading or Deceptive Conduct' 'representations as to Future Conduct' 'situs of Conduct' 'guarantee' 'collateral Contract']

Case Brief

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Procedural Posture

Application Involving Misleading or Deceptive Conduct, Damages, Guarantee and Related Contractual Claims / Second Respondent's Interlocutory Motion Under O 9 R 7 to Set Aside the Originating Process, Discharge Leave for Service Outside the Commonwealth, or Set Aside Service

Legal Issues

  1. 1 ['Whether the applicant established a prima facie case against the second respondent sufficient to support leave for service outside the Commonwealth under O 8 r 2(2)(c).' 'Whether representations made by officers or employees of the first respondent could be treated as conduct of the second respondent.' 'Whether the relevant conduct for alleged representations about future matters occurred in Australia or outside Australia.' "Whether a prima facie case was established that the second respondent gave a guarantee of the first respondent's obligations." 'Whether any part of the service should be set aside in relation to the guarantee or collateral contract claims.']

Ratio Decidendi

The applicant established a prima facie case that Mr Merry was authorised to make representations on behalf of the second respondent about its standing, financial support of the first respondent and the security of the applicant's position under the consultancy agreement, and that those representations supported the Trade Practices Act claim. The relevant conduct was the making of the representations in Australia. Although the alleged guarantee claim was doubtful as a standalone basis for service out, it arose from substantially similar circumstances and was closely related to the misleading conduct claim for which leave was properly granted. The collateral contract allegation did not...

Court Disposition

Second respondent's motion dismissed with costs.

Orders

  • ["The second respondent's motion be dismissed with costs."]