Casey v DePuy International Limited [2010] FCA 617

Casey v DePuy International Limited [2010] FCA 617

The applicant's claims fell within Item 12 of Order 8 rule 2 because they sought relief under the Trade Practices Act 1974 (Cth) for damage suffered wholly or partly in Australia. On the affidavit evidence, the Court was satisfied that it had jurisdiction, the proceeding was of a kind mentioned in rule 2, the applicant had a prima facie case, and service by post to the first respondent's registered address in the United Kingdom was permitted. Leave to serve the originating process by registered post was therefore granted.

Jurisdiction
Australia
Judgment Date
15 June 2010
Procedural Posture
Representative Proceeding Under Part IVA of the Federal Court of Australia Act 1976 (cth) Claiming Relief Under the Trade Practices Act 1974 (cth) / Notice of Motion for Leave to Serve Originating Process on the First Respondent in the United Kingdom
Outcome
Leave granted to serve the originating application on the first respondent by registered post.
Legal Topics
['service Outside Australia' 'representative Proceedings' 'trade Practices Act Claims' 'defective Prosthetic Device']
['civil Procedure' 'consumer Law' 'product Liability'] ['service Outside Australia' 'representative Proceedings' 'trade Practices Act Claims' 'defective Prosthetic Device']

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Procedural Posture

Representative Proceeding Under Part IVA of the Federal Court of Australia Act 1976 (cth) Claiming Relief Under the Trade Practices Act 1974 (cth) / Notice of Motion for Leave to Serve Originating Process on the First Respondent in the United Kingdom

Legal Issues

  1. 1 ['Whether the applicant should have leave to serve an originating process on DePuy International Limited in the United Kingdom.' 'Whether the proceeding falls within Order 8 rule 2, Item 12 of the Federal Court Rules as a proceeding based on breach of an Act seeking relief for damage suffered wholly or partly in Australia.' 'Whether the requirements of Order 8 rule 3(2) and Order 8 rule 3(3) of the Federal Court Rules were met.']

Ratio Decidendi

The applicant's claims fell within Item 12 of Order 8 rule 2 because they sought relief under the Trade Practices Act 1974 (Cth) for damage suffered wholly or partly in Australia. On the affidavit evidence, the Court was satisfied that it had jurisdiction, the proceeding was of a kind mentioned in rule 2, the applicant had a prima facie case, and service by post to the first respondent's registered address in the United Kingdom was permitted. Leave to serve the originating process by registered post was therefore granted.

Court Disposition

Leave granted to serve the originating application on the first respondent by registered post.

Orders

  • ["Pursuant to Order 8 rule 3(2), the applicant has leave to serve an originating application on the first respondent, DePuy International Limited by registered post to St Anthony's Road, Beeston, Leeds, West Yorkshire, LS11 8DT."]