Brighton Automotive v Honda
Supreme Court of Victoria
Button J
22/11/2021
[2021] VSC 757
Practice and procedure — Service of originating process outside Australia — Claim founded on a tort — Claim for relief for breach of contract — Claim arising under an Australian enactment — Claim for interim or ancillary relief — Whether foreign respondent a necessary and proper party to a proceeding properly served on a domestic respondent — Supreme Court (General Civil Procedure) Rules 2015, r 7.02(a), (b), (d)(ii), (h), (i) and (j)
Practice and procedure — Service of originating process outside Australia — Form 7AAA notice — Whether applicant permitted to rely on a ground for service out not included in Form 7AAA — Supreme Court (General Civil Procedure) Rules 2015, r 7.05
Practice and procedure — Discovery — Preliminary discovery — Jurisdiction to serve application for preliminary discovery outside Australia without leave — Comity of nations — Considerations relevant to exercise of jurisdiction — Distinction between service out of application for preliminary discovery and service of subpoena overseas
Practice and procedure — Dismissal or stay of proceedings — Discretion to stay proceeding served outside Australia — Supreme Court (General Civil Procedure) Rules 2015, r 7.04
Read the judgment here.