Pinex Pty Ltd v Pinex Pty Ltd & Ors [1987] FCA 620

NOT _FOR GENERAL DISTRIBUTION

"——

JUDGMENT No. @2.Q./.2-1.

IN THE ERAL COURT OF AUSTRAL

VICTORIA DISTRICT REGISTRY GENERAL DIVISION

V. No. G 431 of 1986

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PINEX PTY. LTD. Applicant and PINEX PTY. LTD. and OTHERS Respondents

COURT: NORTHROP J. DATE : 13 NOVEMBER 1987

PLACE: MELBOURNE

MINUTE OF ORDER

THE COURT ORDERS THAT the motion for an order that the applicant's solicitors continually inform the Registrar of Trade Marks of the progress of the actions herein, including any details of proposed settlement agreements, be rerused.

(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)

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IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V. No. G 431 of 1986

G DIVISION BETWEEN : PINEX PTY. LTD. Applicant and PINEX PTY. LTD. and OTHERS Respondents

COURT: NORTHROP J.

DATE : 13 NOVEMBER 1987 PLACE: MELBOURNE

REASONS FOR JUDGMENT

The 1ssue raised on the motion before the Court 15

whether the Registrar of Trade Marks ("the Registrar") should

be made a party to proceedings in the Federal Court in which a party is seeking orders to rectify the Register of Trade Marks ("the Register") under the Trade Marks Act 1955. The proceedings were commenced before 1 September 1987, being the

date the amendments made to the Trade Marks Act by the

Jurisdiction of Courts (Miscellaneous Amendments) Act 1987

came into operation; see sections 3 and 5 of that Act. Thus,

it must be remembered that references to the Trade Marks Act will be to that Act as it was before it was amended by the

Act of 15987.

Unless care 1s taken, confusion will arise in this matter because the names of some of the parties to this proceeding are identical. In an attempt to avoid that confusion, in these reasons the applicant Pinex Pty. Ltd. shall be called "the person aggrieved" and the respondent Pinex Pty. Ltd. and its related companies shall be called