Karlsson v Griffith University [2019] NSWSC 1335

Supreme Court New South Wales

Medium Neutral Citation: Karlsson v Griffith University [2019] NSWSC 1335 Hearing dates: 1 October 2019 Date of orders: 01 October 2019 Decision date: 01 October 2019 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [23] Catchwords: TRADE MARKS – claim for damages for infringement against prior registered trade mark owner – pleading embarrassing and disclosed no reasonable cause of action – orders made Legislation Cited: Trade Marks Act 1995 (Cth), ss 20, 21, 23, 93, 120, 122 Uniform Civil Procedure Rules 2005 (NSW), rr 14.3, 14.28, 42.7 Texts Cited: M Davison, I Horak, Shanahan's Australian Law of Trade Marks and Passing Off (6th ed, 2016, Lawbook Co.) Category: Procedural and other rulings Parties: Annika Karlsson (Plaintiff) Griffith University (Defendant) Representation: Counsel: Plaintiff in person T L Hollo (Defendant)

Solicitors: Bartley Cohen Litigation Lawyers (Defendant) File Number(s): 2019/229499

Judgment – ex tempore

Introduction 1. On 24 July 2019 Annika Karlsson (the plaintiff) filed a document which purported to be a statement of claim against Griffith University (the defendant). The statement of claim was not in proper form. On 31 July 2019 the plaintiff filed a further document entitled "Amended Statement of Claim". By notice of motion filed on 28 August 2019 the defendant sought an order pursuant to Uniform Civil Procedure Rules 2005 (NSW) (UCPR), r 14.28 that the whole of the amended statement of claim be struck out; an order that the defendant be excused from filing a defence under UCPR, r 14.3 until further order of the Court; orders relating to service on the plaintiff; and an order for costs. 2. Mr Hollo, who appeared on behalf of the defendant, submitted that the amended statement of claim was embarrassing within the meaning of UCPR, r 14.28(1)(b) in that the defendant could not reasonably apprehend the case it had to meet. Further, the pleading disclosed no reasonable cause of action and ought therefore be struck out pursuant to UCPR, r 14.28(1)(a).