Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vautin v BY Winddown, Inc [2016] FCA 632 File number: NSD 546 of 2016
Judge: RARES J
Date of judgment: 11 May 2016
Legislation: Australian Consumer Law ss 3(1)(b), 3(10), 54, 259(3), 260, 271 Competition and Consumer Act 2010 (Cth) s 5(1)(g) Federal Court Rules 2011 (Cth) rr 10.42, 10.43 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Opened for signature 15 November 1965. 658 UNTS 163 (entered into force 1 November 2010)
Cases cited: Hope v Bathurst City Council (1980) 144 CLR 1 Lehman Brothers Australia Limited (in liq) v Lehman Brothers Special Financing Inc [2015] FCA 779
Date of hearing: 11 May 2016
Registry: New South Wales
Division: General Division
National Practice Area: Admiralty and Maritime
Category: No Catchwords
Number of paragraphs: 19
Counsel for the Applicant: Mr AM Stewart SC
Solicitor for the Applicant: Banki Haddock Fiora
Counsel for the Respondents: The Respondents did not appear
ORDERS NSD 546 of 2016
BETWEEN: WILLIAM VAUTIN Applicant
AND: BY WINDDOWN, INC. First Respondent
EAGLE YACHTS PTY LTD ACN 108 311 404 Second Respondent
JUDGE: RARES J DATE OF ORDER: 11 MAY 2016
THE COURT ORDERS THAT:
1. The applicant have leave to serve the following documents on the first respondent in the United States of America in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965: (a) the originating application; (b) the statement of claim; (c) the applicant's genuine steps statement; and (d) this order. 2. The applicant serve a copy of the Court's reasons for these orders when published as soon as possible by prepaid mail on the first respondent at its registered agent's address being: Corporate Creations Network Inc 3411 Silverside Rd #104 Wilmington DE 19810 United States of America 3. The costs of the interlocutory application filed on 18 April 2016 be reserved. THE COURT NOTES: 4. The originating application is listed for a case management hearing at 9:30am on 15 June 2016. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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