Darc Rasmussen v Eltrax Systems Pty Ltd [formerly Sulcus (Australia) Pty Ltd]: (ACN 053 993 025) and others [2003] NSWIRComm 157

Darc Rasmussen v Eltrax Systems Pty Ltd [formerly Sulcus (Australia) Pty Ltd]: (ACN 053 993 025) and others [2003] NSWIRComm 157

The appearance by the Fifth Respondent, through its solicitors, was a general appearance amounting to submission to jurisdiction and waiver of any objection to late service. Even if that were incorrect, the Court exercises its discretion to waive procedural irregularities and extend time for service due to the conduct of the Fifth Respondent and absence of prejudice, thereby validating the service and granting Applicant leave to proceed.

Jurisdiction
Australia
Judgment Date
21 May 2003
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 (nsw) / Interlocutory Motion—notices of Motion Concerning Service and Leave to Proceed
Outcome
Notices of Motion by Applicant granted; irregularities in service waived; leave granted to proceed and serve out of time; effective service found.
Legal Topics
['service Out of Jurisdiction' 'service of Process' 'waiver of Procedural Irregularities' 'extension of Time' 'jurisdictional Submission' 'employment Contracts']
['industrial Law' 'civil Procedure'] ['service Out of Jurisdiction' 'service of Process' 'waiver of Procedural Irregularities' 'extension of Time' 'jurisdictional Submission' 'employment Contracts']

Case Brief

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Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 (nsw) / Interlocutory Motion—notices of Motion Concerning Service and Leave to Proceed

Legal Issues

  1. 1 ['Whether the Fifth Respondent entered an appearance amounting to submission to jurisdiction and waiver of objections to late service' 'Whether irregularities in service upon the Fifth Respondent should be waived' 'Whether leave should be granted to proceed against the Fifth Respondent and to serve out of time' 'Whether the application by the Fifth Respondent to strike out or set aside should be granted']

Ratio Decidendi

The appearance by the Fifth Respondent, through its solicitors, was a general appearance amounting to submission to jurisdiction and waiver of any objection to late service. Even if that were incorrect, the Court exercises its discretion to waive procedural irregularities and extend time for service due to the conduct of the Fifth Respondent and absence of prejudice, thereby validating the service and granting Applicant leave to proceed.

Court Disposition

Notices of Motion by Applicant granted; irregularities in service waived; leave granted to proceed and serve out of time; effective service found.

Orders

  • ['The Applicant be granted leave to proceed against the Fifth Respondent, Verso Technologies (Eltrax Systems Inc.) to the Summons for Relief.' 'The Applicant is granted leave to serve the Summons for Relief on the Fifth Respondent out of time.' 'Service of the Fifth Respondent, Verso Technologies (formerly Eltrax...