Freshfood Holdings Pte Limited v Pablo Enterprise Pte Limited [2021] FCA 323

Federal Court of Australia

Freshfood Holdings Pte Limited v Pablo Enterprise Pte Limited [2021] FCA 323 Appeal from: Pablo Enterprise Pty Ltd v Freshfood Holdings Pte Ltd [2020] ATMO 195

File number: NSD 62 of 2021

Judgment of: THAWLEY J

Date of judgment: 26 March 2021

Date of publication of reasons: 1 April 2021

Catchwords: PRACTICE AND PROCEDURE – whether service of the notice of appeal of a delegate's decision on an address for service in Australia which has been provided by a party pursuant to s 215 of the Trade Marks Act 1995 (Cth) constitutes effective service – answer: no – further, appellant unable to rely on r 10.08 of the Federal Court Rules 2011 (Cth) as appeal not against the owner of a registered trade mark – service of a notice of appeal on respondent located in Singapore – order confirming the appellant's service of the notice of appeal on the respondent at its registered address in Singapore pursuant to r 10.44(3) of the Federal Court Rules 2011 (Cth)

Legislation: Federal Court Rules 2011 (Cth) rr 10.08, 10.44, 34.24 Trade Marks Act 1955 (Cth) s 23 Trade Marks Act 1995 (Cth) ss 92, 96, 101, 104, 215 Trade Marks Regulations 1958 (Cth) reg 74(4) Trade Marks Regulations 1995 (Cth) reg 17A.74(7) Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Opened for signature 15 November 1965. Entered into force on 1 November 2010

Cases cited: Apple Computer Inc v Apple Corporations SA (1989) 16 IPR 329 Pablo Enterprise Pty Ltd v Freshfood Holdings Pte Ltd [2020] ATMO 195