Fensom v Jake Ryan Media Group Pty Ltd [2023] FCA 7

Fensom v Jake Ryan Media Group Pty Ltd [2023] FCA 7

Because there were factual disputes relevant to security, no affidavit evidence supporting the factual claims or the quantum of security sought, and no application or orders permitting Mr Williams to make submissions on behalf of JRMG, the application for security for costs could not be determined on the papers as presently filed and should be listed for oral hearing with directions for evidence and submissions.

Jurisdiction
Australia
Judgment Date
12 January 2023
Procedural Posture
Intellectual Property Trade Marks Proceeding Alleging Unlawful Use of Marks / Application for Security for Costs; Directions Made for Oral Hearing
Outcome
Order 5 made on 10 November 2022 was revoked and the application for security for costs was listed for oral hearing with directions for affidavits, confidentiality submissions, and any application concerning Mr Williams making submissions for JRMG.
Legal Topics
['trade Marks' 'security for Costs' 'corporate Representation' 'determination on the Papers' 'confidentiality Orders']
['intellectual Property' 'civil Procedure'] ['trade Marks' 'security for Costs' 'corporate Representation' 'determination on the Papers' 'confidentiality Orders']

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Procedural Posture

Intellectual Property Trade Marks Proceeding Alleging Unlawful Use of Marks / Application for Security for Costs; Directions Made for Oral Hearing

Legal Issues

  1. 1 ["Whether the respondents' application for security for costs could be determined on the papers as presently filed." 'Whether there should be security for costs and, if so, in what amount.' 'Whether Mr Williams could make submissions in support of the application for security by Jake Ryan Media Group Pty Ltd without orders permitting him to do so.']

Ratio Decidendi

Because there were factual disputes relevant to security, no affidavit evidence supporting the factual claims or the quantum of security sought, and no application or orders permitting Mr Williams to make submissions on behalf of JRMG, the application for security for costs could not be determined on the papers as presently filed and should be listed for oral hearing with directions for evidence and submissions.

Court Disposition

Order 5 made on 10 November 2022 was revoked and the application for security for costs was listed for oral hearing with directions for affidavits, confidentiality submissions, and any application concerning Mr Williams making submissions for JRMG.

Orders

  • ['Order 5 made on 10 November 2022 be revoked and the question whether there should be any security for costs and the amount of any security shall be determined at an oral hearing to be conducted using the Teams platform.' 'On or before 27 January 2023, the respondents shall file any affidavit in support of the...