Epic Games, Inc v Google LLC (Service Out of Jurisdiction) [2021] FCA 666

Federal Court of Australia

Epic Games, Inc v Google LLC (Service Out of Jurisdiction) [2021] FCA 666 File number: NSD 190 of 2021

Judgment of: PERRAM J

Date of judgment: 18 June 2021

Catchwords: PRACTICE AND PROCEDURE – service – application for leave to serve Respondents in the United States of America and Republic of Singapore

Legislation: Competition and Consumer Act 2010 (Cth) ss 45, 46, 47, 86, 138, Sch 2 ss 21, 232 Federal Court of Australia Act 1976 (Cth) s 21 Federal Court Rules 2011 (Cth) rr 10.42, 10.43, 10.44, 13.01 Judiciary Act 1903 (Cth) Companies Act 1967/2006 (Singapore) s 387 Rules of Court (Singapore), O 10, 62 r 2, 65 rr 2A, 3 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 10 February 1969) Art 10(a)

Cases cited: Auskay International Manufacturing & Trade Pty Ltd v Qantas Airways Ltd [2010] FCAFC 96; 188 FCR 351 Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 6) [2010] FCA 704; 270 ALR 504 Bell v Steele [2011] FCA 1390; 198 FCR 291 Deputy Commissioner of Taxation v Power Assets Holdings Ltd (previously known as Hongkong Electric Holdings Ltd) [2013] FCA 708; 96 ATR 51 Epic Games, Inc v Apple Inc (Stay Application) [2021] FCA 338 Kabbabe v Google LLC [2020] FCA 126 NPP Australia Limited v Ripple Labs, Inc [2020] FCA 1237 Tiger Yacht Management Ltd v Morris [2019] FCAFC 8; 268 FCR 548 Trina Solar (US), Inc v Jasmin Solar Pty Ltd [2017] FCAFC 6; 247 FCR 1