The Court dismissed the defendants' motion to set aside service outside Australia and to stay or dismiss proceedings on forum non conveniens grounds. The Court held that multiple bases under UCPR Schedule 6 were satisfied for overseas service, including that the proceedings were founded on a cause of action arising in NSW (damage suffered there), and that breach of contract rendered impossible performance in NSW. Applying the [name withheld] test, the Court held that NSW was not a clearly inappropriate forum, considering factors including that the plaintiffs resided in NSW, that a judgment could likely be enforced in New York by registration, and that expert evidence on foreign law could be managed proportionately through video link and joint reports.
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