Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Magi Enterprises Pty Ltd v Luvalot Clothing Pty Ltd [2017] FCA 340 File number: VID 306 of 2016
Judge: MURPHY J
Date of judgment: 31 March 2017
Catchwords: PRACTICE AND PROCEDURE – late application for adjournment of trial –unavailability of overseas witnesses to give evidence – alleged inability of overseas witnesses to travel because of pregnancy or lack of a passport and visa – application refused
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27
Date of hearing: 29 March 2017
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: Catchwords
Number of paragraphs: 48
Counsel for the Applicant / Cross Respondent: Ms S K Gatford
Solicitor for the Applicant / Cross Respondent: K & L Gates
Counsel for the Respondent / Cross Claimant: Mr A Sykes
Solicitor for the Respondent / Cross Claimant: Actuate IP
ORDERS VID 306 of 2016
BETWEEN: MAGI ENTERPRISES PTY LTD Applicant
AND: LUVALOT CLOTHING PTY LTD Respondent
AND BETWEEN: LUVALOT CLOTHING PTY LTD Cross-Claimant
AND: MAGI ENTERPRISES PTY LTD Cross-Respondent
JUDGE: MURPHY J DATE OF ORDER: 29 MARCH 2017
THE COURT ORDERS THAT:
1. The application for an adjournment of the trial is dismissed. 2. The Respondent/Cross Claimant pay the Applicant/Cross Respondent's costs of the application on an indemnity basis. 3. The proposed application by the Respondent/Cross Claimant for the evidence of one or other of its witnesses to be taken by video-link be listed for hearing at 9.30 am on 3 April 2017. 4. The matter be listed for mediation by Registrar Allaway on the afternoon of 3 April 2017 at the earliest time that the parties are available. The Registrar is authorised to give directions as to the conduct of the mediation including as to the attendance of any persons the Registrar considers necessary for an effective mediation, and the provision of appropriate documents and/or position papers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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