Aussie Traveller Pty Ltd ACN 010 809 168 v Fiamma SPA [2008] FCA 1080

Aussie Traveller Pty Ltd ACN 010 809 168 v Fiamma SPA [2008] FCA 1080

Leave to serve the first respondent outside Australia was granted because the proceeding was based on alleged breaches of the Patents Act occurring in Australia, sought relief including injunctive relief for damage suffered wholly or partly in Australia, fell within O 8 r 2 items 11, 12, 13 and 21, and the applicant's evidence established a prima facie case for the relief claimed for the purposes of O 8 r 3(2).

Jurisdiction
Australia
Judgment Date
21 July 2008
Procedural Posture
Application Under the Patents Act 1990 (cth) in Respect of Infringement of Australian Patent 750511 / Notice of Motion for Leave to Serve Originating Process on the First Respondent Outside Australia, Heard Ex Parte
Outcome
Leave granted to serve the first respondent in the primary proceedings; costs reserved.
Legal Topics
['service of Originating Process Outside Australia' 'prima Facie Case for Relief' 'patent Infringement' 'federal Court Jurisdiction']
['practice and Procedure' 'patents'] ['service of Originating Process Outside Australia' 'prima Facie Case for Relief' 'patent Infringement' 'federal Court Jurisdiction']

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Procedural Posture

Application Under the Patents Act 1990 (cth) in Respect of Infringement of Australian Patent 750511 / Notice of Motion for Leave to Serve Originating Process on the First Respondent Outside Australia, Heard Ex Parte

Legal Issues

  1. 1 ['Whether the Court should grant leave pursuant to O 8 r 2 and r 3(2) Federal Court Rules to serve the first respondent in Italy with originating process and supporting documents.' 'Whether the proceeding is of a kind mentioned in O 8 r 2 Federal Court Rules.' 'Whether the applicant has established a prima facie case for the relief claimed.']

Ratio Decidendi

Leave to serve the first respondent outside Australia was granted because the proceeding was based on alleged breaches of the Patents Act occurring in Australia, sought relief including injunctive relief for damage suffered wholly or partly in Australia, fell within O 8 r 2 items 11, 12, 13 and 21, and the applicant's evidence established a prima facie case for the relief claimed for the purposes of O 8 r 3(2).

Court Disposition

Leave granted to serve the first respondent in the primary proceedings; costs reserved.

Orders

  • ['The time for the hearing of this notice of motion be abridged pursuant to O 19 r 3 Federal Court Rules.' 'The applicant be granted leave to dispense with service of this notice of motion on the first respondent and the hearing proceed ex parte in the absence of both respondents pursuant to O 19 r 4 Federal Court...