Federal Court of Australia
Federal Court of Australia
Nagpal v Global Cars Aus Pty Ltd [2021] FCA 1226 File number(s): QUD 261 of 2021
Judgment of: DOWNES J
Date of judgment: 11 October 2021
Catchwords: HIGH COURT AND FEDERAL COURT – jurisdiction – whether action within scope of Federal Court's jurisdiction – whether federal jurisdiction is attracted because of claims made under Trade Marks Act 1995 (Cth) and the Australian Consumer Law – whether claims made are hypothetical – whether advisory opinion is sought – whether claims made are colourable in the sense of being made to fabricate jurisdiction – where decision of World Intellectual Property Organisation Arbitration and Mediation Centre is sought to be impugned – whether originating application should be set aside and proceedings dismissed – application granted.
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 ss 18, 29(1)(g) Federal Court Rules 2011 (Cth) rr 13.01, 16.02 Judiciary Act 1903 (Cth) s 39B Trade Marks Act 1995 (Cth) ss 6, 120
Cases cited: Australia Bay Seafoods Pty Ltd v Northern Territory (2021) 389 ALR 486; [2021] FCA 414 Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212; [1987] FCA 686 DJ Builders & Son Pty Ltd (in liq), in the matter of DJ Builders & Son Pty Ltd (in liq) v Queensland Building and Construction Commission (No 3) [2021] FCA 1041 National Australia Bank Ltd v Nautilus Insurance Pte Ltd (No 2) (2019) 377 ALR 627; [2019] FCA 1543 Rana v Google Inc (2017) 254 FCR 1; [2017] FCAFC 156
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