TWW YACHTS SARL V THE YACHT “LORETTA” (NO 3)

[2021] FCA 498, Federal Court of Australia, Rares J, 5 May 2021

Procedure – Enforcement of judgment – Joinder of non-party – Party’s cooperation required for enforcement – Non-party a beneficial owner and in control of seller of yacht – Federal Court Rules 2011 (Cth), rule 9.05(1)(b)(i)

Specific performance had been ordered for the buyer of the yacht Loretta. The seller appeared unwilling to comply with the orders. This was the buyer’s application to join F, a person based in Hong Kong who was the beneficial owner of the yacht and in control of the seller, as a party to the proceedings and to serve F in Hong Kong under the Hague Convention 1965 and by email to various addresses.