Albon (t/a N A Carriage Co) v Naza Motor Trading SDN BHD & Anor

Albon (t/a N A Carriage Co) v Naza Motor Trading SDN BHD & Anor

Permission to serve out of the jurisdiction in respect of the UK Agreement was properly granted as the claim fell within the relevant gateway, was governed by English law, England was the appropriate forum, and any non-disclosure was not material or deliberate. However, permission in respect of the South African Agreement and Expenses Agreement was set aside due to failure to satisfy the jurisdictional gateways, lack of material connection to England, and material non-disclosure/misleading of the court as to merits and limitation issues.

Parties
Claimant: Nigel Peter Albon (trading as N A Carriage Co); First Defendant: Naza Motor Trading Sdn Bhd; Second Defendant: Tan Sri Dato Nasimuddin Amin
Jurisdiction
England and Wales
Judgment Date
23 January 2007
Procedural Posture
Civil (commercial/contract) / Interlocutory Application to Set Aside Order for Service Out of Jurisdiction
Outcome
Permission to serve out of jurisdiction in respect of the UK Agreement sustained; permission in respect of the South African Agreement and Expenses Agreement set aside.
Legal Topics
Service Out of Jurisdiction, Non Disclosure on Without Notice Applications, Proper Law of Contract, Jurisdictional Gateways, Restitution for Overpayment, Limitation of Actions
Civil Procedure Conflict of Laws Contract Law Restitution Service Out of Jurisdiction Non Disclosure on Without Notice Applications Proper Law of Contract Jurisdictional Gateways +2 more

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Parties

Nigel Peter Albon (trading as N A Carriage Co)

Claimant

Naza Motor Trading Sdn Bhd

First Defendant

Tan Sri Dato Nasimuddin Amin

Second Defendant

Procedural Posture

Civil (commercial/contract) / Interlocutory Application to Set Aside Order for Service Out of Jurisdiction

Legal Issues

  1. 1 Whether permission to serve proceedings out of the jurisdiction should be set aside for non-disclosure and/or failure to satisfy jurisdictional gateways
  2. 2 Whether claims fall within the relevant CPR 6.20 gateways for service out of jurisdiction
  3. 3 Whether England is the appropriate forum for the claims

Ratio Decidendi

Permission to serve out of the jurisdiction in respect of the UK Agreement was properly granted as the claim fell within the relevant gateway, was governed by English law, England was the appropriate forum, and any non-disclosure was not material or deliberate. However, permission in respect of the South African Agreement and Expenses Agreement was set aside due to failure to satisfy the jurisdictional gateways, lack of material connection to England, and material non-disclosure/misleading of the court as to merits and limitation issues.

Court Disposition

Permission to serve out of jurisdiction in respect of the UK Agreement sustained; permission in respect of the South African Agreement and Expenses Agreement set aside.

Orders

  • Permission to serve out of jurisdiction in respect of the UK Agreement sustained.
  • Permission to serve out of jurisdiction in respect of the South African Agreement and Expenses Agreement set aside.