Showtime Touring Group v Mosely Touring Inc [2010] NSWSC 974

Showtime Touring Group v Mosely Touring Inc [2010] NSWSC 974

The plaintiff failed to establish any circumstances in Schedule 6 of the Uniform Civil Procedure Rules 2005 that would allow service of originating process outside Australia. The contract was made in New York, governed by New York law, and the breach did not occur in New South Wales; therefore, the Court lacked jurisdiction to entertain proceedings against the defendants, and service was set aside.

Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Civil / Application to Set Aside Service and Challenge Jurisdiction
Outcome
Service of the statement of claim on both defendants set aside. Plaintiff to pay the defendants' costs of the application.
Legal Topics
['service of Process' 'jurisdiction' 'forum Non Conveniens']
['civil Procedure'] ['service of Process' 'jurisdiction' 'forum Non Conveniens']

Case Brief

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Procedural Posture

Civil / Application to Set Aside Service and Challenge Jurisdiction

Legal Issues

  1. 1 ['Was service of the statement of claim properly effected on the defendants outside Australia?' 'Do the circumstances in Schedule 6 of the Uniform Civil Procedure Rules permit service out of Australia in this case?' 'Was the contract made in New South Wales, governed by NSW law, or breached in New South Wales?']

Ratio Decidendi

The plaintiff failed to establish any circumstances in Schedule 6 of the Uniform Civil Procedure Rules 2005 that would allow service of originating process outside Australia. The contract was made in New York, governed by New York law, and the breach did not occur in New South Wales; therefore, the Court lacked jurisdiction to entertain proceedings against the defendants, and service was set aside.

Court Disposition

Service of the statement of claim on both defendants set aside. Plaintiff to pay the defendants' costs of the application.

Orders

  • ['Set aside the service of the statement of claim on the first and second defendants.' "Plaintiff to pay the defendants' costs of the application."]