Schib Packaging Srl v Emrich Industries Pty Ltd

Schib Packaging Srl sought leave to appeal a decision of the County Court of Victoria, which dismissed its claim for damages against Emrich Industries Pty Ltd for breach of contract. The dispute centred on whether a contract had been entered into between the parties, with Schib Packaging alleging that Emrich Industries had breached the contract by failing to supply certain goods. Schib Packaging further contended that the contract was made in Victoria and that acceptance of the contract was received in Victoria. The primary legal issue before the court was whether the failure to include an indorsement on the writ, as required by Rule 7.02(1) of the County Court Rules, constituted an irregularity that could be dispensed with under Rule 2.04. Schib Packaging argued that the irregularity should not prevent the court from exercising its jurisdiction.

The court held that the absence of the indorsement on the writ was a procedural irregularity that could not be overlooked under Rule 2.04, as it was a mandatory requirement. The court further found that the judge was not in error in refusing to stay or strike out the action, as the irregularity was fundamental and went to the court's jurisdiction. The court concluded that the failure to include the indorsement on the writ meant that the court did not have jurisdiction to hear the matter, and therefore, the application for leave to appeal was dismissed. The court did not consider it necessary to address the other issues raised by the parties in the appeal.