Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Herold v Seally [2017] FCA 42 File number: NSD 2139 of 2016
Judge: BURLEY J
Date of judgment: 19 January 2017
Catchwords: PRACTICE AND PROCEDURE – application for leave to serve originating application outside Australia under rules 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) – whether Court has jurisdiction – whether prima facie case exists – leave granted
Legislation: Copyright Act 1968 (Cth) s 202 Trade Marks Act 1995 (Cth) ss 88, 191 Federal Court Rules 2011 (Cth) rr 10.42, 10.43
Cases cited: Bell v Steele [2011] FCA 1390; (2011) 198 FCR 291 Kadam v MiiResorts Group 1 Pty Ltd (No 2) [2016] FCA 1343
Date of hearing: 19 January 2017
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 51
Counsel for the Applicants: Mr M Hall SC
Solicitor for the Applicants: James Beatty & Associates
ORDERS NSD 2139 of 2016
BETWEEN: LARS HEROLD First Applicant
GREEN LIGHT GROUP PTE LTD (SINGAPORE COMPANY REGISTRATION NO 201215105Z) Second Applicant
AND: JONATHON SEALLY First Respondent
PODWAY LTD Second Respondent
JUDGE: BURLEY J DATE OF ORDER: 19 JANUARY 2017
THE COURT ORDERS THAT: 1. Pursuant to FCR 10.43 leave is granted to the Applicants to serve the originating application, the amended interlocutory application dated 9 January 2017, the affidavit of Lars Herold made on 12 December 2016 and a sealed copy of these orders (together, "Documents") on the Second Respondent by sending the Documents by international registered post with return receipt to the registered office of the Second Respondent at 5, 17/F Bonham Trading Centre, 56 Bonham Strand, Cheung Won, Hong Kong. 2. The Applicants are directed to: (a) Provide copies of the affidavits of James Douglas Beatty sworn on 19 January 2017 and Malcolm Neil Bell sworn on 16 January 2017, the written submissions of their counsel dated 19 January 2017 and the text of the Hague Convention provided to the Court at the hearing on 19 January 2017, to the Second Respondent by registered post to its registered office; and (b) Inform the Second Respondent that the proceedings will be returnable at a case management conference on 31 January 2017 before the Federal Court of Australia in Sydney. 3. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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