Federal Court of Australia
Federal Court of Australia
Laminar Air Flow Pty Ltd v Vokes Ltd [2021] FCA 296 File number: NSD 1364 of 2017
Judgment of: STEWART J
Date of judgment: 29 March 2021
Catchwords: PRACTICE & PROCEDURE – application for leave to amend pleadings to join a further respondent – four months to trial – detailed programme leading up to trial – whether trial dates might be imperilled and pre-trial programme disrupted – whether proposed new respondent and an existing respondent are commonly owned – whether they are likely to be commonly represented and share the same defence – procedural rights of the new party once joined – likely prejudice – interests of other litigants before the Court – leave refused
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) s 37M Trade Marks Act 1995 (Cth) s 81
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Laminar Air Flow Pty Ltd v Registrar of Trade Marks [2017] FCA 1447 Vokes Ltd v Laminar Air Flow Pty Ltd [2018] FCAFC 109
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 37
Date of hearing: 26 March 2021
Counsel for the Applicant: W H Wu and M T Keene (written submissions also by M Green)
Solicitor for the Applicant: John Fasha Solicitors
Counsel for the Respondents: I P Horak
Solicitor for the Respondents: Wrays Lawyers Pty Ltd
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