Asia Pacific Links Limited v Opes Prime Stockbroking Limited [2008] FCA 998

Asia Pacific Links Limited v Opes Prime Stockbroking Limited [2008] FCA 998

The Applicant has established a sufficient case for relief to justify leave for service of the Statement of Claim on the Third Respondent outside Australia under Order 8 of the Federal Court Rules.

Parties
Applicant: Asia Pacific Links Limited; First Respondent: Opes Prime Stockbroking Limited; Second Respondent: Merrill Lynch International (Australia) Ltd; Third Respondent: Merrill Lynch (Singapore) Pte Ltd
Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Application / Leave for Service Outside Jurisdiction
Outcome
Leave granted for service outside jurisdiction
Legal Topics
Securities Lending, Jurisdiction, Service of Process, Fraudulent Misrepresentation
Contract Corporations Misleading and Deceptive Conduct Securities Lending Jurisdiction Service of Process Fraudulent Misrepresentation

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Parties

Asia Pacific Links Limited

Applicant

Opes Prime Stockbroking Limited

First Respondent

Merrill Lynch International (Australia) Ltd

Second Respondent

Merrill Lynch (Singapore) Pte Ltd

Third Respondent

Procedural Posture

Application / Leave for Service Outside Jurisdiction

Legal Issues

  1. 1 Whether service of originating process should be allowed on the Third Respondent outside Australia
  2. 2 Whether there is a prima facie case for relief against the Third Respondent
  3. 3 Whether the Court has jurisdiction despite a contractual exclusive jurisdiction clause

Ratio Decidendi

The Applicant has established a sufficient case for relief to justify leave for service of the Statement of Claim on the Third Respondent outside Australia under Order 8 of the Federal Court Rules.

Court Disposition

Leave granted for service outside jurisdiction

Orders

  • By 27 June 2008, the Application, Statement of Claim, Notice of Motion and the affidavits of Steven Lewis dated 18 June 2008 and 19 June 2008, be served on the Third Respondent by delivering a copy of such documents to its registered office in Singapore.
  • The matter be listed for directions on 4 July 2008.