Webster Computer Systems Pty Limited v Fujitsu Ltd (No 2) [2009] FCA 1104

Webster Computer Systems Pty Limited v Fujitsu Ltd (No 2) [2009] FCA 1104

Fujitsu Ltd's motion to set aside service and discharge leave was dismissed because the Court had already dismissed a similar motion in related proceedings, and no additional argument or evidence was adduced in NSD 306 of 2007; thus, the same outcome followed for this matter.

Jurisdiction
Australia
Judgment Date
25 September 2009
Procedural Posture
General Division / Interlocutory Motion Disposition
Outcome
The first respondent's motion was dismissed. The first respondent must pay the applicant's costs of the motion. Matter stood over for directions.
Legal Topics
['service of Originating Process' 'leave to Serve Outside Australia']
['civil Procedure'] ['service of Originating Process' 'leave to Serve Outside Australia']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

General Division / Interlocutory Motion Disposition

Legal Issues

  1. 1 ['Whether service of originating process on Fujitsu Ltd should be set aside' 'Whether order granting leave to serve originating process outside Australia should be discharged']

Ratio Decidendi

Fujitsu Ltd's motion to set aside service and discharge leave was dismissed because the Court had already dismissed a similar motion in related proceedings, and no additional argument or evidence was adduced in NSD 306 of 2007; thus, the same outcome followed for this matter.

Court Disposition

The first respondent's motion was dismissed. The first respondent must pay the applicant's costs of the motion. Matter stood over for directions.

Orders

  • ["The first respondent's Notice of Motion filed 30 June 2009, seeking orders under Order 9 rule 7(1) of the Federal Court Rules, be dismissed" "The first respondent pay the applicant's costs of the motion" 'The matter stand over for directions on Monday 16 November 2009 at 9:30am']