Vautin v BY Winddown, Inc (No 2) [2016] FCA 1235

FEDERAL COURT OF AUSTRALIA

Vautin v BY Winddown, Inc (No 2) [2016] FCA 1235 File number NSD 546 of 2016

Judge: RARES J

Date of judgment: 16 September 2016

Catchwords: PRACTICE AND PROCEDURE – service of process – leave to serve outside jurisdiction – Federal Court Rules 2011 – where item 20 of r 10.42 provides proceeding properly brought against one person served or to be served in Australia, another person may be served out of jurisdiction if that person is properly joined as party – whether another person can be served out of Australia if properly joined as party to proceedings – whether requirement for prima facie case for granting leave to serve originating process out of jurisdiction under r 10.43(4)(c) satisfied if established against only party served or be served in Australia – Costa Vraca Pty Ltd v Bell Regal Pty Ltd [2003] FCAFC 305 applied CONSUMER LAW – meaning of "carry on business in Australia" in s 5(1)(g) of the Competition and Consumer Act 2010 (Cth) – whether foreign manufacturer "carries on business in Australia" by reason of exclusive dealer agreement with Australian party – where exclusive dealer agreement required dealers to market yachts using foreign manufacturer's materials, to furnish retail consumers with foreign manufacturer's limited warranty wherever in the world goods purchased and to provide service facilities to any person having benefit of limited warranty PRACTICE AND PROCEDURE – stay of proceedings – whether Australia clearly inappropriate forum – whether exclusive jurisdiction clause in limited warranty between foreign manufacturer and Australian purchaser of yacht who bought her from manufacturer's dealer – where equivalent remedy available under foreign law – where possibility of duplicated proceedings – whether proceedings should be stayed