Federal Court of Australia
Federal Court of Australia
Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 4) [2024] FCA 607 File number(s): QUD 234 of 2007
Judgment of: MEAGHER J
Date of judgment: 10 June 2024
Catchwords: PRACTICE AND PROCEDURE – Application to set aside order under r 39.05(f) of the Federal Court Rules 2011 – Where order entered in favour of the applicant – Where the applicant is no longer trading – Where the trademark is no longer registered – Where no benefit derived from the order – Where all parties consent to the orders proposed – Order set aside
Legislation: Federal Court Rules 2011 (Cth) rr 1.34, 4.01(2), 11.09, 39.05(f)
Cases cited: Bing! Software Pty Ltd v Bing Technologies Pty Ltd (No 3) [2008] FCA 1869 Bing! Software v Bing Technologies (2009) 180 FCR 191 Deputy Commissioner of Taxation v Leaver [2016] FCA 1028 Perre v Apand Pty Ltd (2004) FCA 1120
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 15
Date of last submission/s: 24 April 2024
Solicitor for the Applicant: The Applicant was self-represented
Solicitor for the First Respondents: Addisons Lawyers
Solicitor for the Second Respondent: The Second Responded was self-represented
ORDERS QUD 234 of 2007
BETWEEN: BING! SOFTWARE PTY LTD Applicant
AND: BING TECHNOLOGIES PTY LIMITED First Respondent
STEVEN PATRICK CRANITCH Second Respondent
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