Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bed Bath 'N' Table Pty Ltd v Global Retail Brands Australia Pty Ltd [2022] FCA 1380 File number(s): VID 314 of 2021
Judgment of: ROFE J
Date of judgment: 11 November 2022
Date of publication of reasons: 18 November 2022
Catchwords: PRACTICE AND PROCEDURE – application for leave to file further evidence out of time – nature and complexity of evidence – reasons for and extent of delay – imminent commencement of hearing – case management principles
Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Samsung Electronics Co. Limited v Apple Inc. [2013] FCAFC 138 Solahart Industries Pty Ltd v Solar Shop Pty Ltd (No 1) (2010) 88 IPR 337 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
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 54
Date of hearing: 10 November 2022
Counsel for the Applicant: Mr Ian Horak SC and Ms Lucy Davis
Solicitor for the Applicant: Phillips Ormonde Fitzpatrick Lawyers
Counsel for the Respondent: Mr Peter Creighton-Selvay
Solicitor for the Respondent: DLA Piper Australia
ORDERS VID 314 of 2021
BETWEEN: BED BATH 'N' TABLE PTY LTD Applicant
AND: GLOBAL RETAIL BRANDS AUSTRALIA PTY LTD Respondent
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