Federal Court of Australia
JUDGMENT No. eee! wnt
CATCHWORDS
REGISTERED TRADE MARKS - Rectification of register - application under Trade Marks Act, 1955 (Cth) s.23 for removal from register for non-use - whether error at time of filing applications under 5.23 was "a mere misnomer" - whether applications under s.23 were made by a non-entity and should be treated as a nullity.
PRACTICE AND PROCEDURE - application to amend the name of a party to proceedings under Federal Court Rules, 0.13 r.2(4) - Court has power to amend the name of a party to proceedings where there has been a mistake in the name or identity of a party.
PRACTICE AND PROCEDURE - referral by Registrar of Trade Marks pursuant to s.23(6) of applications under s.23 to the Federal Court - whether Registrar of Trade Marks can amend applications under Trade Marks Act, 1955 (Cth) 8.127 after those applications have been referred to the Federal Court pursuant to s.23(6).
ade th) ss. 23 a 1
RECEIVED
Melbourne 17 OCT 1994 1 October 1994 FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTAY
JUDGMENT NO. sosecnded eee! St...
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) GENERAL DIVISION ) No. VG 232 of 1994
BETWEEN:
VULCAN HART CORPORATION Applicant - and - VULCAN AUSTRALIA LIMITED (ACH 004 235 605) Respondent Coram: Olney J Place: Melbourne Date: 7 October 1994 FEDERAL COURT OF MINUTE OF ORDER AUSTRALIA PRINCIPAL REGISTRY THE COURT ORDERS THAT:
1. The name of the applicant in the proceedings be amended
to Hobart Corporation.
2. The applicant pay the respondent costs of the notice of motion of 28th September 1994; and reserved costs of 19
August 1994 and lst September 1994.
3. The applicant provide security for the respondent's costs in the sum of $20,000.00 representing the respondent's costs up to and including discovery and inspection, on or
before 21 October 1994 in a form to be agreed between the
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