Fensom v Jake Ryan Media Group Pty Ltd (No 2) [2024] FCA 470

Fensom v Jake Ryan Media Group Pty Ltd (No 2) [2024] FCA 470

Because the applicants repeatedly failed to comply with Court orders requiring them to file their evidence, failed to provide evidence by affidavit in an admissible form by 4.00 pm on 3 May 2024 despite several extensions and warnings, and had not prosecuted the proceeding with reasonable diligence, the self-executing dismissal order was appropriate and the proceeding was dismissed pursuant to that order. The applicants were ordered to pay the respondents' costs.

Jurisdiction
Australia
Judgment Date
06 May 2024
Procedural Posture
Intellectual Property Proceeding in the Trade Marks Sub Area Alleging Trade Mark Infringement and Misleading or Deceptive Conduct / Reasons Following Self Executing Dismissal for Non Compliance With Evidence Timetabling Orders and Order for Costs
Outcome
The proceeding was dismissed at 4.01 pm on 3 May 2024 by operation of the self-executing order, and the applicants were ordered to pay the respondents' costs.
Legal Topics
['self Executing Dismissal Order' 'non Compliance With Court Timetabling Orders' 'evidence by Affidavit in Admissible Form' 'costs' 'trade Mark Infringement' 'misleading or Deceptive Conduct']
['practice and Procedure' 'intellectual Property' 'trade Marks' 'australian Consumer Law'] ['self Executing Dismissal Order' 'non Compliance With Court Timetabling Orders' 'evidence by Affidavit in Admissible Form' 'costs' 'trade Mark Infringement' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Intellectual Property Proceeding in the Trade Marks Sub Area Alleging Trade Mark Infringement and Misleading or Deceptive Conduct / Reasons Following Self Executing Dismissal for Non Compliance With Evidence Timetabling Orders and Order for Costs

Legal Issues

  1. 1 ['Whether it was appropriate to make a self-executing order dismissing the proceeding if the applicants failed to file evidence by affidavit in admissible form by the specified deadline' 'Whether the applicants failed to comply with the April Orders requiring evidence by affidavit in admissible form by 4.00 pm on 3 May 2024' "Whether the applicants should pay the respondents' costs of the proceeding"]

Ratio Decidendi

Because the applicants repeatedly failed to comply with Court orders requiring them to file their evidence, failed to provide evidence by affidavit in an admissible form by 4.00 pm on 3 May 2024 despite several extensions and warnings, and had not prosecuted the proceeding with reasonable diligence, the self-executing dismissal order was appropriate and the proceeding was dismissed pursuant to that order. The applicants were ordered to pay the respondents' costs.

Court Disposition

The proceeding was dismissed at 4.01 pm on 3 May 2024 by operation of the self-executing order, and the applicants were ordered to pay the respondents' costs.

Orders

  • ["The applicants to pay the respondents' costs of this proceeding, to be taxed by a Registrar if not agreed."]