Irons v Nev House Pty Limited [2018] FCA 1010

Irons v Nev House Pty Limited [2018] FCA 1010

The Court found, on the material before it, that a prima facie case was made out by the applicant based on the letter of 8 April 2016 indicating a resolution or promise to allot shares, thus justifying the making of orders granting leave to serve the third respondent outside of Australia pursuant to r 10.43, as the matter falls within several categories in r 10.42 and the jurisdictional requirements are met.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Application for Leave to Serve Out of Jurisdiction / Interlocutory Application
Outcome
Leave granted to serve third respondent out of jurisdiction.
Legal Topics
['service Out of Jurisdiction' 'share Allotment' 'breach of Contract' 'australian Consumer Law S 18' 'conversion of Shares' 'practical Joinder of Parties']
['commercial Law' 'corporations Law' 'contract Law'] ['service Out of Jurisdiction' 'share Allotment' 'breach of Contract' 'australian Consumer Law S 18' 'conversion of Shares' 'practical Joinder of Parties']

Case Brief

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Procedural Posture

Application for Leave to Serve Out of Jurisdiction / Interlocutory Application

Legal Issues

  1. 1 ['Whether the applicant has established a prima facie case for relief claimed to permit service out of jurisdiction' 'Whether the proceedings fall within grounds in r 10.42 of the Federal Court Rules 2011' 'Whether the Court has jurisdiction over the claims involving foreign respondent' 'Whether Mr Irons is entitled to allotment of shares in the second respondent or alternative remedies']

Ratio Decidendi

The Court found, on the material before it, that a prima facie case was made out by the applicant based on the letter of 8 April 2016 indicating a resolution or promise to allot shares, thus justifying the making of orders granting leave to serve the third respondent outside of Australia pursuant to r 10.43, as the matter falls within several categories in r 10.42 and the jurisdictional requirements are met.

Court Disposition

Leave granted to serve third respondent out of jurisdiction.

Orders

  • ['Pursuant to r 10.43 of the Federal Court Rules 2011, the applicant has leave to serve the originating application and statement of claim on the third respondent at its registered office in Luxembourg pursuant to the Hague Convention.']