Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FPInnovation Pty Ltd v Registrar of Trade Marks (No 2) [2013] FCA 975 Citation: FPInnovation Pty Ltd v Registrar of Trade Marks (No 2) [2013] FCA 975
Parties: FPINNOVATION PTY LTD (ACN 121 215 209) v REGISTRAR OF TRADE MARKS
File number: NSD 1477 of 2012
Judge: COWDROY J
Date of judgment: 27 September 2013
Legislation: Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Bragg v Secretary, Department of Employment and Training (1995) 59 FCR 31 FPInnovation Pty Ltd v Registrar of Trade Marks [2013] FCA 826 Latoudis v Casey (1990) 170 CLR 534 Milne v Attorney-General (Tas) (1956) 95 CLR 460
Date of hearing: 28 August 2013
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 23
Counsel for the Applicant: Mr M Hall
Counsel for the Respondent: Ms A Mitchelmore
Solicitor for the Applicant: Hazan Hollander
Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1477 of 2012
BETWEEN: FPINNOVATION PTY LTD (ACN 121 215 209)
Applicant
AND: REGISTRAR OF TRADE MARKS
Respondent
JUDGE: COWDROY J DATE OF ORDER: 27 SEPTEMBER 2013 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The orders made on 16 August 2013 be varied to include the following before order 1: "1A. The question whether relief should not be granted to the Applicant on discretionary grounds be determined as a preliminary issue." 2. Save as to order 4, the parties pay their own costs between 7 November 2012 and 2 April 2013 inclusive. 3. Prior to and including 6 November 2012 and after and including 3 April 2013, the Applicant pay the costs of the Respondent. 4. The Applicant pay the costs thrown away of the Respondent as a result of the listing on 20 December 2012. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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