Mineral Commodities Ltd v Promet Engineers Africa (Pty) Ltd (No 2) [2008] FCA 525

Mineral Commodities Ltd v Promet Engineers Africa (Pty) Ltd (No 2) [2008] FCA 525

There is sufficient material to establish a prima facie case for the service out of jurisdiction of the amended claims, including primary liability claims against directors, and for the joinder of a new applicant.

Source-derived case information.

Parties
Applicant: Mineral Commodities Ltd (ACN 008 478 653); Applicant: Kariba Kono (SL) Limited; First Respondent: Promet Engineers Africa (Pty) Ltd; Second Respondent: Promet Engineers Pty Ltd (ACN 115 687 057); Third Respondent: Richard George James Ford; Fourth Respondent: Robert John Bennett; Fifth Respondent: James Dinsdale Cribbes
Jurisdiction
Australia
Judgment Date
10 April 2008
Procedural Posture
Application for Leave to Amend Pleadings and for Service Out of Jurisdiction / Interlocutory
Outcome
Orders made as sought in amended notice of motion
Legal Topics
Service Out of Jurisdiction, Amendment of Pleadings, Prima Facie Case, Directors' Liability, Misleading or Deceptive Conduct
Practice and Procedure Consumer Law Service Out of Jurisdiction Amendment of Pleadings Prima Facie Case Directors' Liability Misleading or Deceptive Conduct

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mineral Commodities Ltd (ACN 008 478 653)

Applicant

Kariba Kono (SL) Limited

Applicant

Promet Engineers Africa (Pty) Ltd

First Respondent

Promet Engineers Pty Ltd (ACN 115 687 057)

Second Respondent

Richard George James Ford

Third Respondent

Robert John Bennett

Fourth Respondent

James Dinsdale Cribbes

Fifth Respondent

Procedural Posture

Application for Leave to Amend Pleadings and for Service Out of Jurisdiction / Interlocutory

Legal Issues

  1. 1 Whether the applicant should have leave to amend the application and statement of claim
  2. 2 Whether the applicant should have leave to serve the amended application and statement of claim out of Australia
  3. 3 Whether there is a prima facie case against Mr Ford and Mr Bennett for primary liability under the Trade Practices Act 1974 (Cth)

Ratio Decidendi

There is sufficient material to establish a prima facie case for the service out of jurisdiction of the amended claims, including primary liability claims against directors, and for the joinder of a new applicant.

Court Disposition

Orders made as sought in amended notice of motion

Orders

  • The applicant has leave to amend its Notice of Motion.
  • Kariba Kono (SL) Limited be added as the second applicant to these proceedings.