16 Dec 1994
MERCEDES-BENZ AG v. LEIDUCK, HERBERT HEINZ HORST
- Citation
- MERCEDES-BENZ AG v. LEIDUCK, HERBERT HEINZ HORST
- Court
- Court of Appeal
- Case number
- CACV207/1994
O.12 r.8 does not require a foreign defendant to file an affidavit of merits to challenge jurisdiction; however the ex parte leave to serve out was wrongly granted because the plaintiff could not properly rely on O.11 r.1(1)(b) (no substantive injunction in the writ and reliance on a Mareva injunction cannot bootstrap jurisdiction) nor on (m) (no existing foreign judgment to enforce); accordingly the ex parte order of 29 April 1994 must be discharged and the appeal dismissed and costs awarded to the 1st defendant.