NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: F45 Training Pty Ltd v Body Fit Training Company Pty Ltd [2020] NSWSC 1879 Hearing dates: 2 December 2020 Date of orders: 21 December 2020 Decision date: 21 December 2020 Jurisdiction: Equity Before: Emmett AJA Decision: Order that: 1. The notice of motion filed on 2 October 2020 be dismissed. 2. The First Defendant pay the Plaintiff's costs in relation to prayers 6, 7 and 8 of the notice of motion. Catchwords: CIVIL PROCEDURE — cross-vesting — transfer to Federal Court — relevant factors — proceedings touching upon trademarks and patents — whether Federal Court's "experience" in intellectual property a sufficient factor Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 5 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 5 Trade Marks Act 1995 (Cth), ss 55, 56, 195 Cases Cited: Access Australia Group Pty Ltd v Topper Hydraulic Platforms Pty Ltd [2019] WASC 265 BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 Valceski v Valceski (2007) 70 NSWLR 36; [2007] NSWSC 440 Texts Cited: Nil Category: Procedural and other rulings Parties: F45 Training Pty Ltd (Plaintiff) Body Fit Training Company Pty Ltd (First Defendant) Cameron John Falloon (Second Defendant) Richard Langham Burnet (Third Defendant) Representation: Counsel:
R Lancaster SC with F St John (Plaintiff) R Cobden SC with E Thompson (Defendants)
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