Webster Computer Systems Pty Limited v Fujitsu Ltd [2009] FCA 288

Webster Computer Systems Pty Limited v Fujitsu Ltd [2009] FCA 288

The Court is satisfied that the requirements of Order 8 rule 3(2) of the Federal Court Rules are met; specifically, jurisdiction exists, the proceeding is of an appropriate kind, and the applicant has a prima facie case. As such, leave is granted to serve the documents by diplomatic channel.

Parties
Applicant: Webster Computer Systems Pty Limited; First Respondent: Fujitsu Ltd; Second Respondent: Fujitsu Australia Ltd
Jurisdiction
Australia
Judgment Date
02 March 2009
Procedural Posture
Application for Interlocutory Relief / Interlocutory Hearing
Outcome
Interlocutory leave granted
Legal Topics
Service of Process, Foreign Defendant, Interlocutory Orders
Civil Procedure Service of Process Foreign Defendant Interlocutory Orders

Case Brief

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Parties

Webster Computer Systems Pty Limited

Applicant

Fujitsu Ltd

First Respondent

Fujitsu Australia Ltd

Second Respondent

Procedural Posture

Application for Interlocutory Relief / Interlocutory Hearing

Legal Issues

  1. 1 Whether leave should be granted to serve the Amended Application and Statement of Claim on Fujitsu Ltd in Japan using the diplomatic channel as per Order 8 rule 3(2) of the Federal Court Rules

Ratio Decidendi

The Court is satisfied that the requirements of Order 8 rule 3(2) of the Federal Court Rules are met; specifically, jurisdiction exists, the proceeding is of an appropriate kind, and the applicant has a prima facie case. As such, leave is granted to serve the documents by diplomatic channel.

Court Disposition

Interlocutory leave granted

Orders

  • The applicant have leave pursuant to Order 8 rule 2(3) of the Federal Court Rules to serve the Amended Application filed 24 February 2009 and the Statement of Claim filed 2 March 2007 on the first respondent by using the diplomatic channel.
  • The directions hearing fixed for 9 June 2009 be vacated and the matter placed in the list for directions at 9:30am on Monday 15 June 2009.