Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd (No 2) [2024] FCA 99 File number: VID 953 of 2023
Judgment of: ROFE J
Date of judgment: 19 February 2024
Catchwords: PRACTICE AND PROCEDURE – application for an order for deemed service of documents – failed attempts to effect personal service – documents brought to attention of second respondent – application allowed PRACTICE AND PROCEDURE − application for substituted service – where second respondent is sole director and secretary of the first respondent – where orders for substituted service have been made in respect of the first respondent
Legislation: Federal Court Rules 2011 (Cth)
Cases cited: Heenan (Recs), Ruby Apartments Pty Ltd (In Liq) v Ralan Paradise No 1 Pty Ltd (In Liq) (2020) 149 ACSR 205 Kosmos Capital Pty Ltd v Turiya Ventures LLC [2019] FCA 528 Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd [2023] FCA 1463
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 42
Date of hearing: Determined on the papers
Counsel for the Applicants: Mr A N Sykes
Solicitor for the Applicants: Cornwalls
ORDERS VID 953 of 2023
BETWEEN: VITACO HEALTH IP PTY LTD (ACN 607 496 542) First Applicant
VITACO HEALTH AUSTRALIA PTY LTD (ACN 073 560 737) Second Applicant
AND: AFI COSMETIC PTY LTD (ACN 631 881 831) First Respondent
SHIKAI HAN Second Respondent
order made by: ROFE J DATE OF ORDER: 19 February 2024
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