Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AAP Industries Pty Ltd v Han's Pipe Fittings Co Ltd [2017] FCA 1619 File number: NSD 2283 of 2017
Judge: PERRAM J
Date of judgment: 22 December 2017
Catchwords: PRACTICE AND PROCEDURE – application for leave to serve originating application outside jurisdiction – application for anti-anti-suit injunction
Legislation: Copyright Act 1968 (Cth) s 115 Judiciary Act 1903 (Cth) s 39B(1A)(c) Federal Court Rules 2011 (Cth) rr 10.42, 10.43(4), 10.43(4)(a), 10.43(4)(b), 10.43(4)(c)
Date of hearing: 22 December 2017
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicants: Mr C Wood with Mr J Raftery
Solicitor for the Applicants: Rydge Evans Lawyers
ORDERS NSD 2283 of 2017
BETWEEN: AAP INDUSTRIES PTY LTD First Applicant
AAP ENGINEERING PTY LTD Second Applicant
AND: HAN'S PIPE FITTINGS CO LTD First Respondent
GLOBAL VALVE & FITTINGS PTY LTD Second Respondent
CHUNSHENG HAN Third Respondent
JUDGE: PERRAM J DATE OF ORDER: 22 DECEMBER 2017
THE COURT ORDERS THAT:
1. The Applicants have leave to serve the Originating Application on the First Respondent and the Third Respondent pursuant to Article 5(1)(a) of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters. 2. Stand over the balance of the Interlocutory Application to the docket judge. 3. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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