Federal Court of Australia
Federal Court of Australia
Ford v Advanced Energy Minerals Limited [2021] FCA 995 File number: WAD 173 of 2021
Judgment of: COLVIN J
Date of judgment: 18 August 2021
Catchwords: PRACTICE AND PROCEDURE - application for leave to serve outside of jurisdiction - whether requirements satisfied - whether prima facie case for relief claimed - whether appropriate for Court to exercise residual discretion to refuse leave - where applicant commenced similar proceedings in Supreme Court - where applicant raises possibility of transferring proceedings to Supreme Court after service effected - leave granted
Legislation: Corporations Act 2001 (Cth) s 1337B Judiciary Act 1903 (Cth) s 39B Federal Court Rules 2011 (Cth) rr 10.42, 10.43
Cases cited: Agar v Hyde [2000] HCA 41; (2000) 201 CLR 552 Ho v Akai Pty Limited (in liq) [2006] FCAFC 159; (2006) 247 FCR 205 Mackay Sugar Limited v Wilmar Sugar Australia Limited [2016] FCAFC 133 Perdaman Chemicals and Fertilisers v Griffin Coal Mining Company Pty Ltd [2011] FCA 1425 Suzlon Energy v Bangad (No 3) [2012] FCA 123 The Owners - Strata Plan No 87231 v 3A Composites GmbH [2019] FCA 811 Tiger Yacht Management Ltd v Morris [2019] FCAFC 8; (2019) 268 FCR 548 Trina Solar (US), Inc v Jasmin Solar Pty Ltd [2017] FCAFC 6; (2017) 247 FCR 1 Wayde v New South Wales Rugby League Ltd (1985) 180 CLR 459
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