Federal Court of Australia
Federal Court of Australia
B&P Group Pty Ltd v Google LLC [2022] FCA 538 File number(s): VID 183 of 2022
Judgment of: ANDERSON J
Date of judgment: 11 May 2022
Catchwords: PRACTICE AND PROCEDURE – application for leave to serve originating application seeking preliminary discovery outside Australia pursuant to Div 10.4 of the Federal Court Rules 2011 (Cth) – effective application for leave for substituted service – leave to serve outside Australia granted
Legislation: Federal Court Rules 2011 (Cth), rr 7.22, 10.42, 10.43, 10.44 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965, Art 10
Cases cited: Lin v Google LLC [2021] FCA 1113
Division: General Division
Registry: Victoria
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 10
Date of hearing: Determined on the papers
Solicitor for the Prospective Applicant: Madgwicks Lawyers
ORDERS VID 183 of 2022
BETWEEN: B&P GROUP PTY LTD ACN 619 573 821 (TRADING AS ACCENT ALUMINIUM WINDOWS AND DOORS) Applicant
AND: GOOGLE LLC Respondent
order made by: ANDERSON J DATE OF ORDER: 6 MAY 2022
THE COURT ORDERS THAT:
1. Pursuant to rr 10.42, 10.43 and 10.44 of the Federal Court Rules 2011 (Cth), the Prospective Applicant has leave to serve: (a) the Originating Application by a Prospective Applicant for an Order for Discovery, dated 8 April 2022; (b) the affidavit of Sadi Hamidy affirmed on 7 April 2022; and (c) a copy of these orders, upon the Prospective Respondent in the United States of America, in accordance with Article 10(a) of the "Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters" done at the Hague on 15 November 1965, by sending them by international registered post, with an acknowledgement of receipt to be provided by the Prospective Applicant, to the Prospective Respondent's address at: Google LLC C/O Custodian of Record 1600 Amphitheatre Parkway Mountain View, California, 94043 United States of America Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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