The Owners - Strata Plan No 87231 v 3A Composites GmbH [2019] FCA 811

The Owners - Strata Plan No 87231 v 3A Composites GmbH [2019] FCA 811

The applicant has satisfied the conditions under the Federal Court Rules for leave to serve the originating application outside Australia on the first respondent in Germany, including establishing a prima facie case, and the proceeding falls within the categories specified in r 10.42.

Parties
Applicant: The Owners - Strata Plan No 87231; First Respondent: 3A Composites GmbH; Second Respondent: Halifax Vogel Group Pty Ltd ACN 104 808 853
Jurisdiction
Australia
Judgment Date
14 March 2019
Procedural Posture
Representative Proceeding / Interlocutory Application for Leave to Serve Originating Application Outside Australia
Outcome
Leave granted to serve originating application and statement of claim on first respondent in Germany. Costs reserved. Matter listed for case management hearing.
Legal Topics
Service Outside Australia, Guarantee as to Acceptable Quality, Merchantable Quality, Jurisdictional Nexus, Carrying on Business in Australia
Corporations Practice and Procedure Consumer Protection Service Outside Australia Guarantee as to Acceptable Quality Merchantable Quality Jurisdictional Nexus Carrying on Business in Australia

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Owners - Strata Plan No 87231

Applicant

3A Composites GmbH

First Respondent

Halifax Vogel Group Pty Ltd ACN 104 808 853

Second Respondent

Procedural Posture

Representative Proceeding / Interlocutory Application for Leave to Serve Originating Application Outside Australia

Legal Issues

  1. 1 Whether the applicant has a prima facie case for relief claimed
  2. 2 Whether the respondent's conduct occurred in Australia for jurisdictional purposes
  3. 3 Whether leave should be granted to serve originating application outside Australia under Federal Court Rules

Ratio Decidendi

The applicant has satisfied the conditions under the Federal Court Rules for leave to serve the originating application outside Australia on the first respondent in Germany, including establishing a prima facie case, and the proceeding falls within the categories specified in r 10.42.

Court Disposition

Leave granted to serve originating application and statement of claim on first respondent in Germany. Costs reserved. Matter listed for case management hearing.

Orders

  • Applicant given leave to serve amended originating application and statement of claim on first respondent at business address in Germany pursuant to rr 10.43(2) and 10.44(1) of the Federal Court Rules 2011 (Cth)
  • Service to be in accordance with Art 5 of the Hague Convention by request for service abroad per Federal Court Form 25 and as otherwise provided for by rr 10.64 to 10.68