Electrolux Home Products Pty Ltd v Delap Impex Ltd [2013] FCA 600

Electrolux Home Products Pty Ltd v Delap Impex Ltd [2013] FCA 600

The applicant demonstrated a prima facie case for injunctive relief under the Australian Consumer Law and Trade Marks Act, satisfying the requirements for leave to serve outside jurisdiction in Hungary under the Hague Convention and for substituted service on the fifth respondent by email, as personal service was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 June 2013
Procedural Posture
Interlocutory Application / Application for Leave to Serve Originating Application Outside Jurisdiction and for Substituted Service
Outcome
Leave granted for service outside jurisdiction and substituted service by email
Legal Topics
['service Outside Jurisdiction' 'hague Convention' 'substituted Service' 'warranty Against Defects' 'trade Mark Infringement' 'prima Facie Case']
['practice and Procedure' 'consumer Law' 'trade Marks'] ['service Outside Jurisdiction' 'hague Convention' 'substituted Service' 'warranty Against Defects' 'trade Mark Infringement' 'prima Facie Case']

Source-derived case record

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Procedural Posture

Interlocutory Application / Application for Leave to Serve Originating Application Outside Jurisdiction and for Substituted Service

Legal Issues

  1. 1 ['Whether leave should be granted to serve proceedings outside Australia in accordance with the Hague Convention' 'Whether substituted service by email on the fifth respondent should be permitted' 'Whether the applicant has a prima facie case for the relief claimed under the Australian Consumer Law and Trade Marks Act']

Ratio Decidendi

The applicant demonstrated a prima facie case for injunctive relief under the Australian Consumer Law and Trade Marks Act, satisfying the requirements for leave to serve outside jurisdiction in Hungary under the Hague Convention and for substituted service on the fifth respondent by email, as personal service was not practicable.

Court Disposition

Leave granted for service outside jurisdiction and substituted service by email

Orders

  • ['Leave be granted to the applicant to serve on the first and second respondents in Hungary the amended originating application and statement of claim in accordance with the Hague Convention and Division 10.6 of the Federal Court Rules 2011 (Cth).' 'Leave be granted to the applicant to serve on the fifth defendant...