Federal Court of Australia
Federal Court of Australia
Top Intellectual Property Pty Ltd v Grayson's International Pty Ltd [2024] FCA 561 File number: NSD 948 of 2023
Judgment of: STEWART J
Date of judgment: 27 May 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for leave to dispense with r 4.01(2) of the Federal Court Rules 2011 (Cth) to allow the respondent corporation to proceed in Court other than by a lawyer – consideration of the interests of justice in all of the circumstances – application refused
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Trade Marks Act 1995 (Cth) s 41 Federal Court Rules 2011 (Cth) rr 1.34, 4.01(2)
Cases cited: Basetec Services Pty Ltd v CPB Contractors Pty Ltd (formerly Leighton Contractors Pty Ltd) [2017] FCA 510 Damjanovic v Maley [2002] NSWCA 230; 55 NSWLR 149
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 17
Date of hearing: 27 May 2024
Counsel for the Applicant: S L Ross
Solicitor for the Applicant: Meyer West IP
Counsel for the Respondent: The respondent appeared in person by G O'Connor.
ORDERS NSD 948 of 2023
BETWEEN: TOP INTELLECTUAL PROPERTY PTY LTD (ACN 615 564 951) Applicant
AND: GRAYSON'S INTERNATIONAL PTY LTD (ACN 630 548 631) Respondent
order made by: STEWART J DATE OF ORDER: 27 MAY 2024
THE COURT ORDERS THAT:
1. The respondent's interlocutory application for leave for Grayson O'Connor to represent the respondent in the principal proceeding be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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