Federal Court of Australia
Federal Court of Australia
The Noco Company v Hong Kong Haowei Technology Co., Ltd. [2023] FCA 533 File number: VID 122 of 2023
Judgment of: MOSHINSKY J
Date of judgment: 23 May 2023
Catchwords: PRACTICE AND PROCEDURE – service out of the jurisdiction – substituted service – where the respondents are registered in Hong Kong and China – where the applicant claims that the respondents are infringing its Australian patents by conduct in Australia and seeks injunctive relief – where the applicant contends that it is not practicable to serve the respondents utilising the Hague Convention – whether the Court has power to make an order for substituted service under the general rule for substituted service – held: order for substituted service made
Legislation: Federal Court Rules 2011, rr 10.24, 10.44, 10.45, 10.48, 10.49 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965
Cases cited: Australian Information Commission v Facebook Inc [2020] FCA 531; 144 ACSR 88
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 22
Date of hearing: 23 May 2023
Counsel for the Applicant: Mr IP Horak SC
Solicitor for the Applicant: Griffith Hack Lawyers
Counsel for the Respondents: The Respondents did not appear at the hearing
ORDERS VID 122 of 2023
BETWEEN: THE NOCO COMPANY Applicant
AND: HONG KONG HAOWEI TECHNOLOGY CO., LTD. First Respondent
SHENZHEN GOOLOO E-COMMERCE CO., LTD. Second Respondent
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate