Annabelle Bits Pty Ltd v Fujitsu Ltd [2009] FCA 287

Annabelle Bits Pty Ltd v Fujitsu Ltd [2009] FCA 287

The applicant has satisfied each of the matters required by Order 8 rule 3(2), and the Court grants leave to serve the Amended Application and Statement of Claim on the first respondent in Japan by diplomatic channel.

Parties
Applicant: Annabelle Bits Pty Ltd (ACN 068 649 972); First Respondent: Fujitsu Ltd; Second Respondent: Fujitsu Australia Ltd (ACN 001 011 427)
Jurisdiction
Australia
Judgment Date
02 March 2009
Procedural Posture
Application for Leave to Serve Originating Process Overseas / Interlocutory
Outcome
Leave granted for service abroad. Directions given for listing.
Legal Topics
Service of Process, Foreign Service, Interlocutory Relief
Civil Procedure Service of Process Foreign Service Interlocutory Relief

Case Brief

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Parties

Annabelle Bits Pty Ltd (ACN 068 649 972)

Applicant

Fujitsu Ltd

First Respondent

Fujitsu Australia Ltd (ACN 001 011 427)

Second Respondent

Procedural Posture

Application for Leave to Serve Originating Process Overseas / Interlocutory

Legal Issues

  1. 1 Whether the applicant should be granted leave to serve the Amended Application and Statement of Claim on the first respondent in Japan by diplomatic channel under Order 8 rule 3(2) of the Federal Court Rules

Ratio Decidendi

The applicant has satisfied each of the matters required by Order 8 rule 3(2), and the Court grants leave to serve the Amended Application and Statement of Claim on the first respondent in Japan by diplomatic channel.

Court Disposition

Leave granted for service abroad. Directions given for listing.

Orders

  • The applicant have leave pursuant to Order 8 rule 2(3) of the Federal Court Rules to serve the Amended Application filed 24 February 2009 and the Statement of Claim filed 29 June 2007 on the first respondent by using the diplomatic channel.
  • The directions hearing fixed for 9 June 2009 be vacated and the matter be placed in the list for directions at 9:30am on Monday 15 June 2009