Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yang v Vuly Pty Ltd [2020] FCA 1037 File number: NSD 559 of 2020
Judge: BURLEY J
Date of judgment: 20 July 2020
Date of publication of reasons: 22 July 2020
Catchwords: PRACTICE AND PROCEDURE – application pursuant to r 34.25 of the Federal Court Rules 2011 (Cth) for an extension of time within which to appeal from decision of delegate of Commissioner of Patents – two month delay – where cause of delay is innocent mistake – where no prejudice to respondent – where appeal will be conducted as a hearing de novo and the respondent will be the effective moving party – application granted
Legislation: Federal Court Rules 2011 (Cth) r 34.24, 34.25 Patents Act 1990 (Cth) s 29, 36
Cases cited: Donzenac Pty Ltd v MCV Enviroworks Pty Ltd [2015] FCA 361 Jackamarra v Krakouer [1988] HCA 27; 195 CLR 516 Jupiters Ltd v Neurizon Pty Ltd [2005] FCAFC 90; 222 ALR 155 Polwood Pty Ltd v Foxworth Pty Ltd [2008] FCAFC 9; 165 FCR 527 Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd [2020] FCA 408 Vuly Pty Ltd v Wei Yang [2020] APO 13
Date of hearing: 20 July 2020
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 15
Counsel for the Applicant: Mr J. Cooke with Mr E. Thompson
Solicitor for the Applicant: Eaglegate Lawyers
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