AIMS Computer Systems Pty Ltd v IPC Corporation (Australia) Pty Ltd

AIMS Computer Systems Pty Ltd filed proceedings against IPC Corporation (Australia) Pty Ltd and IPC Corporation Limited, alleging misleading and deceptive conduct, breach of guarantee, and breach of a collateral contract, among other claims. IPC Corporation (Australia) Pty Ltd and IPC Corporation Limited moved to set aside the originating process served on IPC Corporation Limited, arguing that the applicant had not established a prima facie case. The Federal Court considered whether the applicant had established a prima facie case for the relief sought against IPC Corporation Limited.

The Court found that the applicant had established a prima facie case that IPC Corporation Limited was involved in the negotiations leading to the consultancy agreement and that its representative had been authorised to make certain representations on its behalf. The Court held that IPC Corporation Limited could be liable for the misleading and deceptive conduct of its representative if the representations were made. The Court also found that the applicant had not established a prima facie case for the relief sought on the basis of the alleged guarantee, but held that service of the originating process should not be set aside in relation to the misleading and deceptive conduct claim, as the "preponderant view" applied.

The Court dismissed the motion to set aside the originating process, with costs.