Federal Court of Australia
Federal Court of Australia
Bolin Technology Co., Ltd v BirdDog Technology Ltd [2024] FCA 129 File number: VID 58 of 2024
Judgment of: STEWART J
Date of judgment: 22 February 2024
Catchwords: PRACTICE AND PROCEDURE – anti-anti-suit injunction – urgency – balance of convenience
Legislation: Competition and Consumer Act 2010 (Cth) ss 5(1)(c), 5(1)(g), Sch 2 (Australian Consumer Law) Goods Act 1958 (Vic), s 58 Sale of Goods (Vienna Convention) Act 1987 (Vic) United Nations Convention on Contracts for the International Sale of Goods, opened for signature 11 April 1980, 1489 UNTS 3 (entered into force 1 January 1988)
Cases cited: CSR Ltd v Cigna Insurance Australia Ltd [1997] HCA 33; 189 CLR 345 Home Ice Cream Pty Ltd v McNabb Technologies LLC [2018] FCA 1033 Home Ice Cream Pty Ltd v McNabb Technologies LLC (No 2) [2018] FCA 1093 Karpik v Carnival plc [2023] HCA 39; 98 ALJR 45 Karpik v Carnival plc (The Ruby Princess) (Stay Application) [2021] FCA 1082; 157 ACSR 1 Qantas Airways Ltd v Rolls Royce plc [2010] FCA 1481
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 18
Date of hearing: 22 February 2024
Counsel for the Applicant: D A Hughes
Solicitor for the Applicant: King & Wood Mallesons
Counsel for the Respondents: The matter was heard ex parte.
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