Jurisdiciion requires, perhaps, more scrutiny than the merits. The court has to make up its mind once and for all, so the test is higher. There must be a sufficiently cogent case to satisfy the court that it is a proper case for service out. Whether there is jurisdiction or nor may be an easy question, but where, for example, there is a conflict of fact, the courts seem to want to be satisfied that there is a good arguable case, a case with a fair prospect of success. The test cannot be balance of probabilities, because the court will not have all ihe evidence before it: see Kovner’scase