Boomerang Investments Pty Ltd v Padgett [2018] FCA 4

Boomerang Investments Pty Ltd v Padgett [2018] FCA 4

The requirements of the Federal Court Rules 2011 (Cth) for service outside jurisdiction are satisfied because the Court has jurisdiction, the proceeding concerns claims under the Copyright Act 1968 (Cth), falls within the relevant categories for service out, and there is a prima facie case of copyright infringement based on evidence. The Hague Convention permits service of the documents in the United States, so leave is granted.

Parties
First Applicant: Boomerang Investments Pty Ltd ACN 009 670 919; Second Applicant: Johannes Van Den Berg (also known as Harry Vanda); Third Applicant: George Young; First Respondent: John Padgett; Second Respondent: Lori Monahan; Third Respondent: Kobalt Music Publishing Australia Pty Ltd ACN 144 996 609; Fourth Respondent: Societe Air France, SA
Jurisdiction
Australia
Judgment Date
12 January 2018
Procedural Posture
Interlocutory Application / Application for Leave to Serve Originating Process and Amended Statement of Claim Outside Jurisdiction
Outcome
Leave to serve originating application, amended statement of claim, and order granted. Costs reserved.
Legal Topics
Service Out of Jurisdiction, Copyright Infringement, Leave to Serve Outside Australia
Practice and Procedure Intellectual Property Service Out of Jurisdiction Copyright Infringement Leave to Serve Outside Australia

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Parties

Boomerang Investments Pty Ltd ACN 009 670 919

First Applicant

Johannes Van Den Berg (also known as Harry Vanda)

Second Applicant

George Young

Third Applicant

John Padgett

First Respondent

Lori Monahan

Second Respondent

Kobalt Music Publishing Australia Pty Ltd ACN 144 996 609

Third Respondent

Societe Air France, SA

Fourth Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Serve Originating Process and Amended Statement of Claim Outside Jurisdiction

Legal Issues

  1. 1 Whether the requirements for service outside jurisdiction under the Federal Court Rules 2011 (Cth) are satisfied
  2. 2 Whether there is a prima facie case for all or any of the relief claimed

Ratio Decidendi

The requirements of the Federal Court Rules 2011 (Cth) for service outside jurisdiction are satisfied because the Court has jurisdiction, the proceeding concerns claims under the Copyright Act 1968 (Cth), falls within the relevant categories for service out, and there is a prima facie case of copyright infringement based on evidence. The Hague Convention permits service of the documents in the United States, so leave is granted.

Court Disposition

Leave to serve originating application, amended statement of claim, and order granted. Costs reserved.

Orders

  • Leave be granted to the Applicants to serve the Originating Application, Amended Statement of Claim, and this Order on the First and Second Respondents in the USA in accordance with the Hague Convention.
  • Costs be reserved.