Federal Court of Australia
Federal Court of Australia
Taylor v Killer Queen, LLC (No 4) [2021] FCA 1144 File number: NSD 1774 of 2019
Judgment of: MARKOVIC J
Date of judgment: 22 September 2021
Catchwords: PRACTICE AND PROCDURE – application to file further amended defence and further amended statement of cross-claim – where respondents seek to withdraw admission as to use of trade mark in amended defence – where admission was based on an incorrect understanding of the law – where enabling case to proceed on a basis consistent with the current law outweighs any prejudice to applicant – where amendments in proposed further amended statement of cross-claim arise from correspondence concerning further category of discovery sought by respondents – where proposed amendments are reasonably arguably relevant to cross-claimants' claims and applicant's evidence – proposed amendments would not be liable to be struck out if they appeared in the original pleading – application granted PRACTICE AND PROCEDURE – application for discovery of categories of documents – whether categories sought relevant to issues in the proceeding or oppressive – application granted in part
Legislation: Trade Marks Act 1995 (Cth) ss 60, 88, 120 Federal Court Rules 2011 (Cth) rr 16.53, 20.11, 20.16, 20.17
Cases cited: Ansell Healthcare Product LLC v Reckitt Benckiser (Australia) Pty Ltd (No 2) [2016] FCA 765 Aristocrat Technologies Australia Pty Ltd v Vidtech Gaming Services Pty Ltd [2006] FCA 275 (2006) 68 IPR 229 Babscay Pty Ltd v Pitcher Partners (A Firm) [2019] FCA 480 Deep Investments Pty Ltd v Casey (No 1) [2017] FCA 1643 Dollinger Filtration Ltd v Laminar Airflow Pty Ltd [2021] FCA 817 PDP Capital Pty Limited v Grasshopper Venture Pty Limited [2020] FCA 1078; (2020) 154 IPR 68 PDP Capital Pty Ltd v Grasshopper Ventures Pty Limited [2021] FCAFC 128; (2021) 391 ALR 608 Rodney Jane Racing Pty Ltd v Monster Energy Company [2019] FCA 923; (2019) 370 ALR 140 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2; (2016) 332 ALR 199
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