Webster Computer Systems Pty Ltd v Fujitsu Ltd [2007] FCA 825

Webster Computer Systems Pty Ltd v Fujitsu Ltd [2007] FCA 825

Leave to serve the application and statement of claim on Fujitsu Ltd in Japan was warranted because the proceeding included claims falling within Order 8 rule 2, including causes of action arising in Australia and claims based on alleged breaches of an Act causing damage in Australia; the non-federal claims were part of the same controversy; and the first respondent's status as overseas parent of an Australian subsidiary did not make service on it inappropriate.

Jurisdiction
Australia
Judgment Date
29 May 2007
Procedural Posture
Application for Leave to Serve Originating Process Outside Australia / Interlocutory Hearing
Outcome
Leave granted to serve the application and statement of claim on the first respondent by using the diplomatic channel.
Legal Topics
['service Out of Jurisdiction' 'misleading or Deceptive Conduct' 'negligence' 'manufacturing Defects' 'accrued Jurisdiction' 'federal Court Rules Order 8']
['practice and Procedure' 'trade Practices' 'fair Trading' 'torts' 'private International Law'] ['service Out of Jurisdiction' 'misleading or Deceptive Conduct' 'negligence' 'manufacturing Defects' 'accrued Jurisdiction' 'federal Court Rules Order 8']

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Procedural Posture

Application for Leave to Serve Originating Process Outside Australia / Interlocutory Hearing

Legal Issues

  1. 1 ['Whether the applicant should have leave under Order 8 rule 3(2) of the Federal Court Rules to serve the application and statement of claim on the first respondent in Japan.' 'Whether the pleaded claims fell within kinds of proceedings for which originating process may be served on a person outside Australia under Order 8 rule 2.' 'Whether the Federal Court could determine the non-federal negligence and Fair Trading Act claims as part of the same controversy as the Trade Practices Act claims.' "Whether the first respondent's status as overseas parent of an Australian subsidiary impeded service out of the jurisdiction."]

Ratio Decidendi

Leave to serve the application and statement of claim on Fujitsu Ltd in Japan was warranted because the proceeding included claims falling within Order 8 rule 2, including causes of action arising in Australia and claims based on alleged breaches of an Act causing damage in Australia; the non-federal claims were part of the same controversy; and the first respondent's status as overseas parent of an Australian subsidiary did not make service on it inappropriate.

Court Disposition

Leave granted to serve the application and statement of claim on the first respondent by using the diplomatic channel.

Orders

  • ['The applicant have leave pursuant to Order 8 Rule 3(2) of the Federal Court Rules to serve the application and statement of claim on the first respondent by using the diplomatic channel.']