Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Electrolux Home Products Pty Ltd v Delap Impex Ltd [2013] FCA 600 Citation: Electrolux Home Products Pty Ltd v Delap Impex Ltd [2013] FCA 600
Parties: ELECTROLUX HOME PRODUCTS PTY LTD v DELAP IMPEX LTD, ANDRAS PARADI, KRISZTINA BONNAR, PAUL BONNAR and SUZANNE SZABO
File number: NSD 844 of 2013
Judge: KATZMANN J
Date of judgment: 17 June 2013
Catchwords: PRACTICE AND PROCEDURE – Service outside the jurisdiction – whether mode of service permitted by the Hague Convention – whether applicant has a prima facie case for the relief claimed in the proceeding – substituted service – whether personal service "not practicable" – meaning of "practicable". CONSUMER LAW – Prima facie case – warranty against defects – where website contains warranty – prescribed content – knowingly concerned in contravention. TRADE MARKS – Prima facie case – registered trade marks – authorisation – infringement – importing and offering for sale in Australia goods bearing trade mark. WORDS AND PHRASES – "Not practicable".
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2 ss 102, 138 Competition and Consumer Regulations 2010 (Cth), reg 90(1) Evidence Act 1995 (Cth), s 75 Federal Court of Australia Act 1976 (Cth), s 19 Federal Court Rules 2011 (Cth), Div 10, rr 10.24, 10.42, 10.43, 1 Trade Marks Act 1995 (Cth) ss 120, 126, 191(1) Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 done at The Hague on 15 November 1965
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