Bob Jane Corporation Pty Ltd v Webtyre.net Pty Ltd [2012] FCA 168

Bob Jane Corporation Pty Ltd v Webtyre.net Pty Ltd [2012] FCA 168

Respondents provided an acceptable explanation for their non-attendance due to influence of an unqualified adviser and medical conditions, and demonstrated arguable defences to the underlying claim; accordingly, the default judgment should be set aside.

Jurisdiction
Australia
Judgment Date
02 February 2012
Procedural Posture
Interlocutory Application (to Set Aside Default Judgment) / Post Default Judgment, Interlocutory Orders, Directions Hearings
Outcome
Default judgment set aside; interlocutory injunction continued; costs awarded to applicant; directions made for filing and service of affidavits and further proceedings.
Legal Topics
['trade Marks' 'interlocutory Injunctions' 'default Judgment' 'setting Aside Judgment' 'costs']
['intellectual Property' 'civil Procedure'] ['trade Marks' 'interlocutory Injunctions' 'default Judgment' 'setting Aside Judgment' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application (to Set Aside Default Judgment) / Post Default Judgment, Interlocutory Orders, Directions Hearings

Legal Issues

  1. 1 ['Whether default judgment should be set aside due to explanation for non-attendance' 'Whether respondents have an arguable defence to trade mark infringement' 'Whether scope of prior orders concerning domain names and trade marks was excessively broad' 'Costs arising from interlocutory applications']

Ratio Decidendi

Respondents provided an acceptable explanation for their non-attendance due to influence of an unqualified adviser and medical conditions, and demonstrated arguable defences to the underlying claim; accordingly, the default judgment should be set aside.

Court Disposition

Default judgment set aside; interlocutory injunction continued; costs awarded to applicant; directions made for filing and service of affidavits and further proceedings.

Orders

  • ['Judgement and orders made 3 November 2011 set aside except as to paragraphs 1 and 12 thereof.' 'Respondents restrained from selling, supplying, offering for sale, supply, advertising or promoting in Australia certain motor vehicle products/services under specified trade marks until further order.' 'Respondents to...