Brookfield Multiplex Limited v International Litigation Funding Partners PTE Ltd

Brookfield Multiplex Limited, the plaintiff, sought leave to serve the originating process on two defendants, International Litigation Funding Partners PTE Ltd and another entity, outside Australia. The application was made in the Federal Court of Australia and involved a dispute over the enforcement of foreign judgments and litigation funding arrangements. The plaintiff argued that serving the originating process on the defendants in Singapore and Ontario was necessary for the proper conduct of the proceedings, as these defendants were involved in litigation funding agreements with the plaintiff.

The central legal issue before the court was whether the plaintiff could serve the originating process on the defendants outside Australia, given that the defendants were not present within the jurisdiction of the Court. The plaintiff argued that the defendants were integral to the litigation funding agreements and their presence in foreign jurisdictions necessitated serving the originating process abroad. The court needed to determine if such service would be effective and in line with the principles of international comity and procedural fairness.

The court held that it had the inherent jurisdiction to allow service of the originating process outside Australia where necessary. It found that the defendants' involvement in the litigation funding agreements with the plaintiff warranted such action. The court concluded that serving the originating process on the defendants in their respective jurisdictions was appropriate and would not prejudice their rights to a fair trial. Consequently, the plaintiff was granted leave to serve the originating process on the defendants in Singapore and Ontario. The court also reserved the costs of the application for later determination.