Ad Toepfer International GmbH v Nidera Handelscompagnie BV Nidera Handelscompagnie BV v Romak

The dispute before the New South Wales Court of Appeal involved two separate but related proceedings. The first proceeding, *Ad Toepfer International GmbH v Nidera Handelscompagnie BV*, concerned a claim by Ad Toepfer International GmbH against Nidera Handelscompagnie BV. The second proceeding, *Nidera Handelscompagnie BV v Romak*, involved a claim by Nidera Handelscompagnie BV against Romak. Both matters were heard together by the Court of Appeal.

The primary legal issue before the Court of Appeal was whether the court had jurisdiction to entertain the proceedings. This question arose in circumstances where the defendants in each proceeding were foreign entities, and the plaintiffs sought to serve them with originating process outside of New South Wales. The court was required to consider the rules governing service out of the jurisdiction and the conditions under which such service would be permitted.

The Court of Appeal determined that it did have jurisdiction to entertain the proceedings. The court applied the principles established in cases concerning service out of the jurisdiction, particularly focusing on whether the plaintiffs had established a good arguable case that the proceedings fell within one of the recognised categories for service abroad. The court found that the plaintiffs had satisfied the necessary criteria, demonstrating that the disputes had a sufficient connection to New South Wales to justify the exercise of jurisdiction.

Ultimately, the Court of Appeal dismissed the applications by the defendants to set aside the originating process. The court held that the service of the originating process on the defendants outside of New South Wales was valid, and therefore, the court possessed the necessary jurisdiction to hear and determine the substantive claims.