Jasmin Solar Pty Ltd v Trina Solar Australia Pty Ltd

In the case of Jasmin Solar Pty Ltd v Trina Solar Australia Pty Ltd, the applicant sought leave to serve its application and statement of claim on a party located outside the jurisdiction of the Federal Court of Australia. The dispute involved an agency arrangement and a supply agreement, and the applicant was seeking to enforce the terms of the agreement and claims under the Australian Consumer Law. The legal issues before the court included whether the applicant could be considered a party to an arbitration agreement under the International Arbitration Act, the proper law to apply in determining whether a person is a party to an agreement, and whether claims under the Australian Consumer Law are capable of arbitration.

The court held that the applicant had satisfied the conditions for leave to serve out under the Federal Court Rules, including establishing a prima facie case for the relief claimed. The court also found that there were serious obstacles to any application for a stay of proceedings based on the International Arbitration Act, and that the applicant was likely to be considered a party to the supply agreement under the law of the forum. The court reserved the issue of costs and directed the parties to confer on the appropriate terms of orders for service and to provide a minute of proposed orders by a specified date.

The court granted the applicant leave to serve its application and statement of claim on the relevant party in the United States of America, and reserved the issue of costs. The case highlights the importance of carefully considering the legal issues and potential obstacles to service when seeking to enforce a contract or claim damages outside the jurisdiction of the Federal Court of Australia.