Renewable Resources P/L v Golden Wind Company Ltd

sb4 42

JUDGMENT NO. .*s*m-smemseamenJ -ea.- *

IN m FEDERAL COURT OF XISTRALIA ) 1
VICTORIA DISTRICT REGISTRY

i NO VG 106 of 1992 1
GENERAL DMSION 1

BETWEEN: RENEWABLE RESOURCES PTY LTD
(Applicant)

AND: GOLDEN WIND COMPANY LTD

Coram: Ryan J
Place: Melbourne
W: 31 July 1992

EX T E ~ O R E REASONS FOR JUDGMENT

Rvan S: In this matter I am not satisfied that there has been service of the originating process within the jurisdiction or outside the Commonwealth. I accept the submission of M r Sifris of Counsel for the respondent, which has entered a conditional appearance, that the service contemplated by 0.8 r.2(4) is service of a kind specified in 0.8 r.5. I do not consider that it has been shown to have been impracticable to serve process in this matter in the manner required by the Rules so as to warrant an order under 0.7 r.lO.

consideration of the material, and bearing in mind that these are interlocutory proceedings in which the requisite establishment

of a prime facie case can be attained by evidence on information I

In my view the appropriate course is to consider now whether the applicant has made out a case for a grant of leave to serve process outside the Commonwealth pursuant to 0.8 r.2. On a

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and belief, I am satisfied of the matters required by 0.8 r.2. r

Accordingly, I grant leave to serve the application outside the I
Commonwealth and in Japan. -

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In granting that leave I say nothing as to whether this Court or

the Supreme Court of Western Australia or indeed any other forum ;. :
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,is more appropriate for the trial of the action. Nor do I say f . .

anything to pre-empt any application which may hereafter be made

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for an order cross-vesting the matter from this Court to some

other Court.

[After hearing submissions from Counsel concerning costs, his :

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Honour continued:] !
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I am not persuaded that I should depart from the ordinary rule !
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that costs follow the event. The respondent, has in substance 5
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succeeded on the points which were made in disputing the

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proposition that there had been effective service or that service

should be confined in this matter. I therefore consider that j

it should have its costs of today. I
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I certify that this and the I .

preceding page are a true copy of the Reasons for Judgment herein of his Honour Mr Justice Ryan

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Associate: - Date:

Counsel for the Applicent: Mr J Bourke

Solicitor for the Applicant: Sly and Weigall

Counsel for the Respondent: Mr M Sifris

Solicitor for the Respondent: Arthur Robinson and Hedderwicks

as agents for Parker and Parker

CaseChat Overview and Summary

In the Federal Court of Australia, Victoria District Registry, Renewable Resources P/L, an applicant, brought a claim against Golden Wind Company Ltd, the respondent. The central issue was whether the court had jurisdiction to serve the originating process, specifically whether service had been conducted within the jurisdiction or outside the Commonwealth. This case was heard in the General Division by Ryan J, who was tasked with determining the validity of the service and the appropriate forum for the trial of the action.

The court needed to decide if the applicant had successfully established a case for granting leave to serve the originating process outside the Commonwealth. The respondent argued that the service was not in accordance with the required rules, and a conditional appearance was entered. The applicant contended that the service was effective, while the respondent maintained that it had not been shown to be impracticable to serve process in the manner prescribed by the rules. The judge considered whether the applicant had met the criteria for leave to serve outside the Commonwealth, ultimately finding that the applicant had satisfied the necessary requirements.

Ryan J granted leave to serve the application outside the Commonwealth and in Japan, emphasizing that this decision did not predetermine the appropriate forum for the trial of the action. The court also addressed the issue of costs, concluding that the respondent should bear the costs of the proceedings due to its success on the points disputing effective service. The judge adhered to the general rule that costs follow the event, thus awarding costs to the respondent.

The final orders were that the application for leave to serve process outside the Commonwealth and in Japan was granted, and the respondent was to bear the costs of the proceedings. The decision left open the question of which court would be most appropriate for the trial of the action, as well as any potential future applications for cross-vesting the matter from one court to another.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

and belief, I am satisfied of the matters required by 0.8 r.2.	r
Accordingly, I grant leave to serve the application outside the	I
Commonwealth and in Japan.	-

the Supreme Court of Western Australia or indeed any other forum	;. :
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Honour continued:]	!
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I am not persuaded that I should depart from the ordinary rule	!
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that costs follow the event.	The respondent, has in substance	5
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should be confined in this matter.	I therefore consider that	j
it should have its costs of today.	I
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I certify that this and the	I .
preceding page are a true copy of the Reasons for Judgment herein of his Honour Mr Justice Ryan	,
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Associate: -	Date: