McIntosh & Co Holdings Ltd v Pyramid Technology Corp Ltd & Anor [1996] FCA 844

McIntosh & Co Holdings Ltd v Pyramid Technology Corp Ltd & Anor [1996] FCA 844

McIntosh's affidavit evidence, read as a whole and in light of the cross-examination, established at the prima facie or triable issue level that the respondents held themselves out as having specialised knowledge, that serious difficulties were encountered with the equipment, and that the relationship and dealings between the parties could give rise to a reasonable expectation that McIntosh would be warned of those difficulties. This supported prima facie claims under Part V of the Trade Practices Act and in negligence against Pyramid Technology Corporation Inc. Given the close relationship between the respondents and the common director actively involved in the transaction, the Court...

Jurisdiction
Australia
Judgment Date
30 August 1996
Procedural Posture
Notice of Motion by the Second Respondent to Set Aside an Order Granting Leave to Serve Process Out of the Jurisdiction / Reasons for Judgment on Notice of Motion
Outcome
The second respondent's motion to set aside the order granting leave to serve out of the jurisdiction was dismissed.
Legal Topics
['service Outside the Commonwealth' 'leave to Serve Out of the Jurisdiction' 'prima Facie Case for Relief' 'misleading or Deceptive Conduct' 'common Law Negligence' 'discretion to Grant Leave']
['civil Procedure' 'trade Practices' 'negligence'] ['service Outside the Commonwealth' 'leave to Serve Out of the Jurisdiction' 'prima Facie Case for Relief' 'misleading or Deceptive Conduct' 'common Law Negligence' 'discretion to Grant Leave']

Case Brief

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Procedural Posture

Notice of Motion by the Second Respondent to Set Aside an Order Granting Leave to Serve Process Out of the Jurisdiction / Reasons for Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether service of process upon Pyramid Technology Corporation Inc should be set aside.' 'Whether the Court had jurisdiction to hear and determine the proceedings against Pyramid Technology Corporation Inc.' 'Whether McIntosh had demonstrated a prima facie case or triable issue against Pyramid Technology Corporation Inc for the relief sought.' 'Whether the discretion to grant leave to serve out of the jurisdiction should be exercised.']

Ratio Decidendi

McIntosh's affidavit evidence, read as a whole and in light of the cross-examination, established at the prima facie or triable issue level that the respondents held themselves out as having specialised knowledge, that serious difficulties were encountered with the equipment, and that the relationship and dealings between the parties could give rise to a reasonable expectation that McIntosh would be warned of those difficulties. This supported prima facie claims under Part V of the Trade Practices Act and in negligence against Pyramid Technology Corporation Inc. Given the close relationship between the respondents and the common director actively involved in the transaction, the Court...

Court Disposition

The second respondent's motion to set aside the order granting leave to serve out of the jurisdiction was dismissed.

Orders

  • ['The notice of motion filed 9 February 1995 be dismissed.' 'Costs of the motion to be costs in the principal proceeding.']