Darc Rasmussen v Eltrax Systems Pty Ltd (Formerly Sulcus (Australia) Pty Ltd) and Others [2005] NSWIRComm 227

Darc Rasmussen v Eltrax Systems Pty Ltd (Formerly Sulcus (Australia) Pty Ltd) and Others [2005] NSWIRComm 227

The Court was satisfied that the Notice of Motion had been personally served on the fifth respondent in accordance with Rule 105 of the Industrial Relations Commissions Rules 1996 because it was served at the fifth respondent's principal executive office on its secretary and included a completed Form 13A. The proposed Second Amended Summons did not introduce new facts and sought only to delete material that may fall outside the Court's jurisdiction after Sydney Water Corporation Ltd & Anor v Industrial Relations Commission of NSW & Anor [2004] NSWCA 436, so leave to file and serve it was appropriate.

Jurisdiction
Australia
Judgment Date
05 July 2005
Procedural Posture
Unfair Contract Proceedings / Interlocutory Notice of Motion for Leave to File and Serve a Second Amended Summons for Relief
Outcome
Leave granted to file the Second Amended Summons for Relief and to serve it on the first to fifth respondents; costs reserved.
Legal Topics
['unfair Contract' 'interlocutory Applications' 'amendment of Pleadings' 'service Outside Australia' 'service on Foreign Corporation']
['industrial Relations' 'civil Procedure'] ['unfair Contract' 'interlocutory Applications' 'amendment of Pleadings' 'service Outside Australia' 'service on Foreign Corporation']

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Procedural Posture

Unfair Contract Proceedings / Interlocutory Notice of Motion for Leave to File and Serve a Second Amended Summons for Relief

Legal Issues

  1. 1 ['Whether the Notice of Motion annexing the Second Amended Summons had been properly served on the fifth respondent, a foreign corporation in the United States of America.' 'Whether leave should be granted to file a Second Amended Summons for Relief.' 'Whether leave should be granted to serve the Second Amended Summons on the first to fifth respondents.']

Ratio Decidendi

The Court was satisfied that the Notice of Motion had been personally served on the fifth respondent in accordance with Rule 105 of the Industrial Relations Commissions Rules 1996 because it was served at the fifth respondent's principal executive office on its secretary and included a completed Form 13A. The proposed Second Amended Summons did not introduce new facts and sought only to delete material that may fall outside the Court's jurisdiction after Sydney Water Corporation Ltd & Anor v Industrial Relations Commission of NSW & Anor [2004] NSWCA 436, so leave to file and serve it was appropriate.

Court Disposition

Leave granted to file the Second Amended Summons for Relief and to serve it on the first to fifth respondents; costs reserved.

Orders

  • ['Leave is granted to the applicant to file the Second Amended Summons for Relief within seven days of the date of this judgment.' 'The applicant is granted leave to serve the Second Amended Summons on the first to fifth respondents by 4.00pm on 2 August, 2005.' 'Costs are reserved.']