Lyons, Neville William & Anor v Registrar of Trade Marks & Anor [1983] FCA 252

CATCHWORDS

Administrative Law - Judicial Review - Application for

registration of trade marks - Extension of time within

which to lodge evidence supporting opposition to registration -

Proper case to justify extension - Extension of time within which to oppose registration of trade mark application - failure to lodge notice of objection due to error or action on part of officer of Trade Marks office - Whether s.131 applicable to extend time for lodging notice of objection - Conduct constituting an""error or action" within the meaning

of s.131(1) (b).-

Administrative Decisions (Judicial Review) Act, 1977 s.3

Trade Marks Act, 1955 ss. 49, 130, 131

Patents Act, 1952 s.160

Trade Marks Regulations reg.43

NEVILLE WILLIAM LYONS and CARMEL MARY DWYER (carrying on business as MITTY'S AUTHORIZED NEWSAGENCY) v. THE REGISTRAR OF TRADE MARKS; STAMFORD HILL PTY. LIMITED

No. V.G. of 171 of 1982

BEAUMONT, J. 28 September, 1983 Sydney.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

—ewewe we

GENERAL DIVISION No. V.G. 171 of 1982

BETWEEN NEVILLE WILLIAM LYONS and CARMEL MARY DWYER (carrying on business as MITTY'S AUTHORISED NEWSAGENCY)

Applicants

AND THE REGISTRAR OF TRADE MARKS

First Respondent

AND STAMFORD HILL PTY. LIMITED

Second Respondent

ORDERS

Judge making order: Beaumont, J.

Date order made: 28 September, 1983.

Where made: Sydney.

THE COURT ORDERS THAT:

1. The application be dismissed.

2. Costs be reserved.

"

IN THE FEDERAL COURT OF AUSTRALTA

VICTORIA DISTRICT REGISTRY No. V.G. 171 of 1982

weer we

GENERAL DIVISTOW

BETWEEN :

NEVILLE WILLIAM LYONS and CARMEL MARY DWYER (carrving on business as MITTY'S AUTHORISED NEWS AGENCY}

Applicants AND: THE REGISTRAR OF TRADE MARKS First Respondent AND:

STAMFORD HILL PTY. LIMITED

Second Respondent

CORAM: BEAUMONT J.

DATE: 28 September 1983

REASONS FOR JUDGMENT?

BEAUMONT J.