Renewable Resources P/L v Golden Wind Company Ltd

[1992] FCA 564

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