Australian Mud Company Pty Ltd v Boart Longyear Australia Pty Ltd [2022] FCA 1224

Federal Court of Australia

Australian Mud Company Pty Ltd v Boart Longyear Australia Pty Ltd [2022] FCA 1224 File number(s): NSD 1266 of 2021

Judgment of: ROFE J

Date of judgment: 13 October 2022

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for joinder of related party – held: application for joinder of third respondent granted PRACTICE AND PROCEDURE – pleadings –application seeking leave to amend the amended originating application and amended statement of claim pursuant to r 16.53 of the Federal Court Rules 2011 (Cth) – held: amendments allowed PRACTICE AND PROCEDURE – application to serve the third respondent in the United States of America pursuant to rr 10.43 and 10.44 of the Federal Court Rules 2011 (Cth) – whether leave should be granted – held: leave to serve out of jurisdiction granted

Legislation: Federal Court of Australia Act 1976 (Cth) Patents Act 1990 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Australian Competition and Consumer Commission v Yellow Page Marketing BV [2010] FCA 1218 Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 3) [2022] FCA 596 Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd [2018] FCA 1839 Crocker v Toys 'R' Us (Australia) Pty Ltd [2015] FCA 588 Fewin Pt Ltd v Burke [2016] FCA 503 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Globaltech Corporation Pty Ltd & Anor v Australian Mud Company Pty Ltd & Anor [2020] HCATrans 45 Globaltech Corporation Pty Ltd v Australian Mud Company Pty Ltd [2019] FCAFC 162 Hamilton v Meta Platforms, Inc (Service out of Jurisdiction) [2022] FCA 681 Kabbabe v Google LLC [2020] FCA 126 Lynch v Cash Converters Personal Finance Pty Ltd [2016] FCA 1536