Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd [2004] FCA 532

Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd [2004] FCA 532

The applicants established, through pleadings and evidence, that there is a prima facie case against the third respondent (Compass Group PLC) for alleged contraventions of the Trade Practices Act and breach of fiduciary duty, and that the requirements of O 8 r 2(2) of the Federal Court Rules for service out of the jurisdiction are satisfied.

Jurisdiction
Australia
Judgment Date
29 April 2004
Procedural Posture
Interlocutory Application / Motion for Leave to Serve Out of Jurisdiction
Outcome
Leave granted to serve originating process out of jurisdiction
Legal Topics
['service Out of Jurisdiction' 'trade Practices Act' 'fiduciary Duty' 'misleading or Deceptive Conduct' 'unconscionable Conduct']
['practice and Procedure' 'commercial Law'] ['service Out of Jurisdiction' 'trade Practices Act' 'fiduciary Duty' 'misleading or Deceptive Conduct' 'unconscionable Conduct']

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Procedural Posture

Interlocutory Application / Motion for Leave to Serve Out of Jurisdiction

Legal Issues

  1. 1 ['Whether the Court should grant leave to serve the application out of the jurisdiction on the third respondent' 'Whether the court has jurisdiction in respect of alleged contraventions of the Trade Practices Act and breach of fiduciary duty' 'Whether the applicants have established a prima facie case against the third respondent']

Ratio Decidendi

The applicants established, through pleadings and evidence, that there is a prima facie case against the third respondent (Compass Group PLC) for alleged contraventions of the Trade Practices Act and breach of fiduciary duty, and that the requirements of O 8 r 2(2) of the Federal Court Rules for service out of the jurisdiction are satisfied.

Court Disposition

Leave granted to serve originating process out of jurisdiction

Orders

  • ['Applicants have leave to serve the application out of the jurisdiction on the third respondent at Compass House, Guildford Street, Chertsey, Surrey KT 169BQ, United Kingdom or elsewhere in the United Kingdom.' 'The time for entering an appearance in the action by the third respondent be fourteen days after service...