Vito Mitolo & Son Pty Ltd v Mitolo Wines Aust Pty Ltd [2019] FCA 903

FEDERAL COURT OF AUSTRALIA

Vito Mitolo & Son Pty Ltd v Mitolo Wines Aust Pty Ltd [2019] FCA 903 Appeal from: Application for an extension of time: Vito Mitolo & Son Pty Ltd v Mitolo Wines Aust Pty Ltd [2018] ATMO 26

File number: SAD 146 of 2018

Judge: BESANKO J

Date of judgment: 13 June 2019

Catchwords: ADMINISTRATIVE LAW — application for an extension of time within which to lodge an application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) of a decision of a delegate of the Registrar of Trade Marks — where the application for an extension of time and the substantive application were heard together — consideration of the principles relevant to whether an extension of time should be granted TRADE MARKS — where the first respondent lodged applications for the registration of trade marks under the Trade Marks Act 1995 (Cth) — where the applicant filed a notice of intention to oppose the registration of the trade marks — where the applicant made a request under reg 5.15 of the Trade Marks Regulations 1995 (Cth) for an extension of time within which to file evidence in support of its opposition — where the delegate refused the request and gave reasons ADMINISTRATIVE LAW — whether the delegate erred in finding that there were not exceptional circumstances justifying the extension of time under reg 5.15(2)(b) — consideration of the meaning of "exceptional circumstances" — whether the delegate considered the relevant circumstances as a whole or in aggregate in assessing whether there were exceptional circumstances for the purposes of reg 5.15(2)(b)