Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fry Consulting Pty Ltd v Sports Warehouse Inc (No 1) [2011] FCA 1417 Citation: Fry Consulting Pty Ltd v Sports Warehouse Inc (No 1) [2011] FCA 1417
Appeal from: Sports Warehouse Inc v Fry Consulting Pty Ltd [2009] ATMO 100
Parties: FRY CONSULTING PTY LTD v SPORTS WAREHOUSE INC
File number: VID 912 of 2009
Judges: DODDS-STREETON J
Date of judgment: 7 December 2011
Catchwords: PRACTICE AND PROCEDURE — Application to further amend amended notice of contention — Whether amended notice of contention or written submissions sufficiently notified applicant of case it was required to meet — Prejudice to applicant if leave to amend granted
Cases cited: Sports Warehouse Inc v Fry Consulting Pty Ltd (2010) 87 IPR 300 cited
Date of hearing: 7 December 2011
Date of publication of reasons: 9 December 2011
Date of last submissions: 7 December 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicant: Dr S Ricketson
Solicitor for the Applicant: Middletons
Counsel for the Respondent: Mr T Cordiner
Solicitor for the Respondent: Griffith Hack
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 912 of 2009
ON APPEAL FROM THE REGISTRAR OF TRADE MARKS
BETWEEN: FRY CONSULTING PTY LTD
Applicant
AND: SPORTS WAREHOUSE INC
Respondent
JUDGE: DODDS-STREETON J DATE OF ORDER: 7 DECEMBER 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application to amend the amended notice of contention made orally on 7 December 2011 is refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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