10 Nov 1994
MERCEDES-BENZ AG v. LEIDUCK, HERBERT HEINZ HORST AND ANOTHER
- Citation
- MERCEDES-BENZ AG v. LEIDUCK, HERBERT HEINZ HORST AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA4089/1994
Leave to serve a writ out of jurisdiction was invalid and must be set aside because the statutory preconditions for Ord.11 were not satisfied when leave was granted: r.1(1)(b) in light of The Siskina did not apply; r.1(1)(c) required the domestic defendant to have been duly served before seeking leave (IRCL had not been served); r.1(1)(m) requires a judgment or award already obtained and final; where leave is obtained ex parte on a factual basis that proves unfounded shortly thereafter the leave will be set aside; Ord.2 cannot be used to validate a grant of leave that lacked qualifying condit…