XPlore Technologies Corporation of America v Tough Corp
Pty Ltd [2008] NSWSC 1267
- A judgment on a judgment!
This case concerns an attempt to enforce a Texas default
judgment against an Australian company. The Australian company
successfully resisted the application on the basis that the Texas
judgment was obtained in a manner inconsistent with the rules of
natural justice and/or obtained by fraud.
XPlore supplied wireless tablet personal computers and certain
other computer or computer-related equipment to Tough Corp. Tough
Corp was unhappy with the quality of the equipment and did not pay.
Correspondence between the parties followed.
XPlore filed a Petition against Tough Corp in a District Court
in Texas. Pursuant to the Texas Civil Practice and Remedies
Code the Petition was delivered to the Texas Secretary of
State which was good or effective service on a foreign corporation
"doing business" in Texas. Some days later the Texas
Secretary of State
