AAP Industries Pty Ltd v Han's Pipe Fittings Co Ltd [2017] FCA 1619

AAP Industries Pty Ltd v Han's Pipe Fittings Co Ltd [2017] FCA 1619

Applicants established prima facie case of copyright infringement; the court had jurisdiction; the proceedings fell within FCR 10.42; leave to serve outside jurisdiction granted. Anti-anti-suit injunction not granted due to insufficient evidence.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Application for Leave to Serve Originating Application Outside Jurisdiction and for Anti Anti Suit Injunction / Interlocutory Application, Orders on Leave to Serve and Anti Anti Suit Injunction
Outcome
Leave to serve originating application granted; application for anti-anti-suit injunction refused; costs reserved; balance of interlocutory application stood over to docket judge.
Legal Topics
['copyright' 'practice and Procedure' 'service Outside Jurisdiction' 'anti Anti Suit Injunction']
['intellectual Property'] ['copyright' 'practice and Procedure' 'service Outside Jurisdiction' 'anti Anti Suit Injunction']

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Procedural Posture

Application for Leave to Serve Originating Application Outside Jurisdiction and for Anti Anti Suit Injunction / Interlocutory Application, Orders on Leave to Serve and Anti Anti Suit Injunction

Legal Issues

  1. 1 ['Whether leave should be granted to serve originating application on respondents outside Australia' 'Whether anti-anti-suit injunction should be granted']

Ratio Decidendi

Applicants established prima facie case of copyright infringement; the court had jurisdiction; the proceedings fell within FCR 10.42; leave to serve outside jurisdiction granted. Anti-anti-suit injunction not granted due to insufficient evidence.

Court Disposition

Leave to serve originating application granted; application for anti-anti-suit injunction refused; costs reserved; balance of interlocutory application stood over to docket judge.

Orders

  • ['Applicants have leave to serve the Originating Application on the First Respondent and the Third Respondent pursuant to Article 5(1)(a) of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters.' 'Stand over the balance of the interlocutory application to...