Kabushiki Kaisha Universal v Aristocrat Leisure Industries Pty Ltd [1998] FCA 156

FEDERAL COURT OF AUSTRALIA PRACTICE & PROCEDURE - Federal Court Rules O 58 r 4(2) - application for an extension of time in which to institute an appeal from a decision of the Commissioner of Patents - whether special circumstances exist - length of delay - whether applicant blameless - whether prejudice to the respondent - application dismissed. Federal Court Rules, O 58 r 4(2), (3) Jess v Scott (1986) 12 FCR 187, cited Stollznow v Calvert [1980] 2 NSWLR 749, cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344,cited Seiler v Minister for Immigration (1994) 48 FCR 83, cited Re Envirotech Australia Pty Ltd (1989) 14 IPR 108, cited Johns v Australian Securities Commission (1992) 108 ALR 277, cited KABUSHIKI KAISHA UNIVERSAL v ARISTOCRAT LEISURE INDUSTRIES PTY LIMITED NG 971 of 1997 BRANSON J SYDNEY 4 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 971 of 1997

BETWEEN: KABUSHIKI KAISHA UNIVERSAL

Applicant

AND: ARISTOCRAT LEISURE INDUSTRIES PTY LIMITED

Respondent

JUDGE(S): BRANSON J

DATE OF ORDER: 4 march 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. It be declared that the appeal herein has not been validly instituted. 3. The applicant pay the respondent's costs of the matter. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 971 of 1998

BETWEEN: KABUSHIKI KAISHA UNIVERSAL

Applicant

AND: ARISTOCRAT LEISURE INDUSTRIES PTY LIMITED

Respondent

JUDGE(S): BRANSON J

DATE: 4 march 1998

PLACE: SYDNEY

REASONS FOR DECISION

This is an application by notice of motion made pursuant to O 58 r 4(2) of the Federal Court Rules ("the Rules") for an extension of the time within which an appeal from a decision of the Commissioner of Patents may be instituted.