Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Further Conduct of Proceedings) (No 2) [2022] FCA 543

Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Further Conduct of Proceedings) (No 2) [2022] FCA 543

Since the parties are unable to agree on procedural management, the court will impose a scheduled, structured timetable covering determination of outstanding applications (permanent stay, security for costs, pleadings, and 'further material' issue) to ensure proceedings advance efficiently despite continued disputation.

Parties
First Cross Claimant: Federal Treasury Enterprise (FKP) Sojuzplodoimport; Second Cross Claimant: Federal Public Unitary Enterprise External Economic Union Sojuzplodoimport (FGUP VO); Cross Respondent: Spirits International B.V.
Jurisdiction
Australia
Judgment Date
11 May 2022
Procedural Posture
Cross Claim / Further Conduct of Proceedings; Timetabling and Interlocutory Case Management Orders
Outcome
Timetabling and case management orders made; temporary stay lifted to permit steps ordered; security for costs, stay, pleadings, and 'further material' issues set for determination in line with timetable. Costs postponed until after trial.
Legal Topics
Trade Marks, Practice and Procedure, Case Management, Stay of Proceedings, Security for Costs
Intellectual Property Trade Marks Practice and Procedure Case Management Stay of Proceedings Security for Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Federal Treasury Enterprise (FKP) Sojuzplodoimport

First Cross Claimant

Federal Public Unitary Enterprise External Economic Union Sojuzplodoimport (FGUP VO)

Second Cross Claimant

Spirits International B.V.

Cross Respondent

Procedural Posture

Cross Claim / Further Conduct of Proceedings; Timetabling and Interlocutory Case Management Orders

Legal Issues

  1. 1 Proper procedure for future conduct of proceedings including determination of stay, security for costs, pleading disputes, and handling of further material as directed by Full Court

Ratio Decidendi

Since the parties are unable to agree on procedural management, the court will impose a scheduled, structured timetable covering determination of outstanding applications (permanent stay, security for costs, pleadings, and 'further material' issue) to ensure proceedings advance efficiently despite continued disputation.

Court Disposition

Timetabling and case management orders made; temporary stay lifted to permit steps ordered; security for costs, stay, pleadings, and 'further material' issues set for determination in line with timetable. Costs postponed until after trial.

Orders

  • The Cross-Respondent's interlocutory application for a permanent stay to be determined first on the papers.
  • Timetable set for filing of submissions and affidavit evidence regarding the stay, security for costs, pleadings debates, and 'further material' issues.