Jurisdiciion requires, perhaps, mor

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 thar 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