Showtime Touring Group v Mosely Touring Inc

In Showtime Touring Group v Mosely Touring Inc, the plaintiff, Showtime Touring Group, sought to enforce a contract against the defendants, Mosely Touring Inc and its director, through service of a statement of claim outside Australia. The dispute centred on the validity of the service of the statement of claim and the jurisdiction of the court to hear the case. The case was heard in the Supreme Court of New South Wales. The primary legal issue before the court was whether the plaintiff was entitled to serve the statement of claim outside Australia under the provisions of Schedule 6 of the Uniform Civil Procedure Rules 2005 (NSW). Additionally, the court had to determine whether the court should exercise its jurisdiction and whether the plaintiff’s claim was reasonably arguable.

The court found that the cause of action in contract arose upon breach of the contract, which did not occur in New South Wales. Therefore, the provisions of Schedule 6(a), (b), and (c) did not apply, and the plaintiff was not entitled to serve the statement of claim outside Australia on the defendants. The court also concluded that it was unnecessary to determine the alternative bases relied upon by the defendants, as the primary issue had been resolved. The court expressed its view that the proceedings should not be stayed on forum non conveniens grounds and noted that triable issues existed between the parties. Consequently, the court set aside the service of the statement of claim on the defendants and ordered the plaintiff to pay the defendants’ costs of the application.

The final orders of the court were to set aside the service of the statement of claim on the first and second defendants and for the plaintiff to pay the defendants' costs of the application. These orders effectively dismissed the plaintiff's attempt to enforce the contract outside the jurisdiction of New South Wales and highlighted the importance of adhering to local service rules in cross-border litigation.