CaesarStone Sdot-Yam Ltd v Ceramiche Caesar S.p.A. [2017] FCA 326

CaesarStone Sdot-Yam Ltd v Ceramiche Caesar S.p.A. [2017] FCA 326

Leave was granted because the three affidavits had sufficient relevance, there was evidence explaining aspects of the delay, and CaesarStone Sdot-Yam Ltd did not establish specific prejudice to the conduct, date or length of the trial, including any inability to cross-examine the relevant witnesses or deal with the material within the allocated hearing time.

Jurisdiction
Australia
Judgment Date
28 March 2017
Procedural Posture
Interlocutory Application in Trade Mark Proceedings / Application for Leave to Rely on Three Late Filed Affidavits at Trial
Outcome
Interlocutory application granted; Ceramiche Caesar S.p.A. given leave to rely on the three affidavits and ordered to pay CaesarStone Sdot-Yam Ltd's costs of the interlocutory application.
Legal Topics
['late Service of Affidavits' 'leave to Rely on Affidavits' 'case Management' 'prejudice' 'trade Mark Appeals' 'trade Mark Rectification']
['practice and Procedure' 'intellectual Property' 'trade Marks'] ['late Service of Affidavits' 'leave to Rely on Affidavits' 'case Management' 'prejudice' 'trade Mark Appeals' 'trade Mark Rectification']

Case Brief

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Procedural Posture

Interlocutory Application in Trade Mark Proceedings / Application for Leave to Rely on Three Late Filed Affidavits at Trial

Legal Issues

  1. 1 ['Whether Ceramiche Caesar S.p.A. should have leave to rely on three affidavits filed about four months late.' 'Whether the affidavits had sufficient relevance or probative value to justify leave.' 'Whether there was an explanation for the delay in filing the affidavits.' 'Whether CaesarStone Sdot-Yam Ltd would suffer prejudice if leave were granted.']

Ratio Decidendi

Leave was granted because the three affidavits had sufficient relevance, there was evidence explaining aspects of the delay, and CaesarStone Sdot-Yam Ltd did not establish specific prejudice to the conduct, date or length of the trial, including any inability to cross-examine the relevant witnesses or deal with the material within the allocated hearing time.

Court Disposition

Interlocutory application granted; Ceramiche Caesar S.p.A. given leave to rely on the three affidavits and ordered to pay CaesarStone Sdot-Yam Ltd's costs of the interlocutory application.

Orders

  • ['Ceramiche Caesar S.p.A have leave to rely on the affidavit of Mark Ryan affirmed 6 January 2017.' 'Ceramiche Caesar S.p.A have leave to rely on the affidavit of Gian Battista Malavasi affirmed 25 January 2017.' 'Ceramiche Caesar S.p.A have leave to rely on the affidavit of Jacqueline Chelebian sworn 23 January...