Philipsen v American Medical Systems LLC [2018] FCA 246

Philipsen v American Medical Systems LLC [2018] FCA 246

The Court granted leave because it was satisfied that it had jurisdiction, the proceeding fell within r 10.42, service in the United States was permitted under the Hague Convention, and the evidence supported open inferences establishing a prima facie case against AMS at least in relation to the s 75AD defective goods claim, and also the ss 74B and 74D claims to the extent they relied on the same evidence.

Jurisdiction
Australia
Judgment Date
07 March 2018
Procedural Posture
Representative Proceeding Under Pt IVA of the Federal Court of Australia Act 1976 (cth); Interlocutory Application for Leave to Serve Originating Application and Statement of Claim Outside the Jurisdiction / Application for Leave Under Rr 10.43(2) and 1.41 of the Federal Court Rules 2011 (cth)
Outcome
Leave granted to serve the originating application and statement of claim on the respondent in the United States of America under the Hague Convention.
Legal Topics
['service Outside Australia' 'hague Convention Service' 'prima Facie Case for Relief' 'medical Devices' 'defective Goods' 'fitness for Purpose' 'merchantable Quality' 'misleading or Deceptive Conduct']
['practice and Procedure' 'civil Procedure' 'representative Proceedings' 'consumer Protection' 'product Liability' 'negligence'] ['service Outside Australia' 'hague Convention Service' 'prima Facie Case for Relief' 'medical Devices' 'defective Goods' 'fitness for Purpose' 'merchantable Quality' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Representative Proceeding Under Pt IVA of the Federal Court of Australia Act 1976 (cth); Interlocutory Application for Leave to Serve Originating Application and Statement of Claim Outside the Jurisdiction / Application for Leave Under Rr 10.43(2) and 1.41 of the Federal Court Rules 2011 (cth)

Legal Issues

  1. 1 ['Whether the Court had jurisdiction in the proceeding' 'Whether the proceeding was of a kind mentioned in r 10.42 of the Federal Court Rules 2011 (Cth)' 'Whether the applicant had a prima facie case for all or any of the relief claimed' 'Whether service of the originating application and statement of claim on the respondent in the United States was permitted under the Hague Convention']

Ratio Decidendi

The Court granted leave because it was satisfied that it had jurisdiction, the proceeding fell within r 10.42, service in the United States was permitted under the Hague Convention, and the evidence supported open inferences establishing a prima facie case against AMS at least in relation to the s 75AD defective goods claim, and also the ss 74B and 74D claims to the extent they relied on the same evidence.

Court Disposition

Leave granted to serve the originating application and statement of claim on the respondent in the United States of America under the Hague Convention.

Orders

  • ['The applicant have leave, pursuant to rr 10.43(2) and 1.41 of the Federal Court Rules 2011 (Cth), to serve the originating application and the statement of claim in this matter on the respondent in the United States of America in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial...