Enviro Pak Pty Ltd v New Horticulture Pty Ltd (No 3) [2015] FCA 195

FEDERAL COURT OF AUSTRALIA

Enviro Pak Pty Ltd v New Horticulture Pty Ltd (No 3) [2015] FCA 195 Citation: Enviro Pak Pty Ltd v New Horticulture Pty Ltd (No 3) [2015] FCA 195

Parties: ENVIRO PAK PTY LTD ACN 116 567 018 v NEW HORTICULTURE PTY LTD T/AS GREEN PACK ACN 086 979 437 and JOACHIM WALTER KOESTERKE; NEW HORTICULTURE PTY LTD T/AS GREEN PACK ACN 086 979 437 and JOACHIM WALTER KOESTERKE

File number: NSD 1124 of 2012

Judge: GRIFFITHS J

Date of judgment: 10 March 2015

Legislation: Designs Act 2003 (Cth)

Date of hearing: 10 March 2015

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 12

Counsel for the Applicant: Mr C Lambert

Solicitor for the Applicant: Mr P Tahar

Counsel for the Respondents: The Second Respondent appeared by telephone on behalf of the First and Second Respondents

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1124 of 2012

BETWEEN: ENVIRO PAK PTY LTD ACN 116 567 018

Applicant

NEW HORTICULTURE PTY LTD T/AS GREEN PACK ACN 086 979 437

First Respondent

JOACHIM WALTER KOESTERKE

Second Respondent

AND: NEW HORTICULTURE PTY LTD T/AS GREEN PACK ACN 086 979 437

First Cross-Claimant

JOACHIM WALTER KOESTERKE

Second Cross-Claimant

JUDGE: GRIFFITHS J DATE OF ORDER: 10 March 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Order 2 made on 25 June 2013 is reaffirmed on the applicant's undertaking to prosecute with diligence and deliberate speed its application for an extension of time with IP Australia and any related appeal to the Administrative Appeals Tribunal. 2. The respondents are to file and serve any application for leave to amend their cross-claim by 1 June 2015. 3. The matter is listed for mention on 2 June 2015 at 9.30 am. 4. Liberty to apply on the giving of 48 hours' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.