The Noco Company v Hong Kong Haowei Technology Co., Ltd. [2023] FCA 533

The Noco Company v Hong Kong Haowei Technology Co., Ltd. [2023] FCA 533

Substituted service is appropriate as service under the Hague Convention is not practicable due to delay and ongoing alleged patent infringement; the general rule for substituted service under r 10.24 applies even in cases involving respondents outside Australia; email service is likely to bring proceedings to the respondents' attention.

Parties
Applicant: The Noco Company; First Respondent: Hong Kong Haowei Technology Co., Ltd.; Second Respondent: Shenzhen Gooloo E-Commerce Co., Ltd.; Third Respondent: Shenzhenshi Dianjia Technology Co., Ltd.; Fourth Respondent: Shenzhen Carku Technology Co., Ltd.
Jurisdiction
Australia
Judgment Date
23 May 2023
Procedural Posture
Patents/infringement / Interlocutory Application for Substituted Service
Outcome
Order for substituted service made
Legal Topics
Patent Infringement, Service Outside Jurisdiction, Substituted Service
Intellectual Property Patent Infringement Service Outside Jurisdiction Substituted Service

Case Brief

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Parties

The Noco Company

Applicant

Hong Kong Haowei Technology Co., Ltd.

First Respondent

Shenzhen Gooloo E-Commerce Co., Ltd.

Second Respondent

Shenzhenshi Dianjia Technology Co., Ltd.

Third Respondent

Shenzhen Carku Technology Co., Ltd.

Fourth Respondent

Procedural Posture

Patents/infringement / Interlocutory Application for Substituted Service

Legal Issues

  1. 1 Whether the Court has power to make an order for substituted service under the general rule for substituted service in proceedings with foreign respondents
  2. 2 Whether it is practicable to serve respondents outside Australia using the Hague Convention
  3. 3 Whether orders for substituted service should be made given the ongoing alleged infringement and the need for timely injunctive relief

Ratio Decidendi

Substituted service is appropriate as service under the Hague Convention is not practicable due to delay and ongoing alleged patent infringement; the general rule for substituted service under r 10.24 applies even in cases involving respondents outside Australia; email service is likely to bring proceedings to the respondents' attention.

Court Disposition

Order for substituted service made

Orders

  • Applicant granted leave to amend interlocutory application
  • Applicant granted leave to serve documents outside Australia (except originating application)