Yellowbook.com.au Pty Ltd v Telstra Corporation Limited [2011] FCA 475

FEDERAL COURT OF AUSTRALIA

Yellowbook.com.au Pty Ltd v Telstra Corporation Limited [2011] FCA 475 Citation: Yellowbook.com.au Pty Ltd v Telstra Corporation Limited [2011] FCA 475

Parties: YELLOWBOOK.COM.AU PTY LTD and EMMANUEL KHOURY v TELSTRA CORPORATION LIMITED

File number: QUD 220 of 2010

Judge: COLLIER J

Date of judgment: 10 May 2011

Catchwords: PRACTICE AND PROCEDURE – notice of motion seeking adjournment of trial – opposition to trade mark – application to have hearing of appeal from decision of Delegate of Registrar of Trade Marks returnable before same Judge and on same date as another appeal in relation to same trade mark – whether appropriate to have appeals heard together – delay in filing notice of motion seeking adjournment and submissions COSTS – whether costs follow the event – whether costs payable prior to disposition of appeal

Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Trade Marks Act 1995 (Cth) s 52

Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 cited Emmanuel Khoury v Telstra Corporation Limited [2010] ATMO 36 related Hughes v Western Australian Cricket Association (Inc) [1986] FCA 382 cited Re Opposition by Phone Directories Company Australia Pty Ltd to registration of trade mark application 963492 (classes 9, 16, 35, 38, 41, 42) – YELLOW – filed in the name of Telstra Corporation Limited, unreported decision of a Delegate of the Registrar of Trade Marks with Reasons, TE Williams, 19 April 2011 cited Ritter v Godfrey (1920) 2 KB 47 cited