Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 4) [2024] FCA 607

Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 4) [2024] FCA 607

It is in the interests of justice to set aside order 3 as there is no current benefit, and all parties consent; the ongoing risk of inadvertent contempt and lack of practical utility justify the order's removal.

Jurisdiction
Australia
Judgment Date
10 June 2024
Procedural Posture
Interlocutory Application / Application to Set Aside Order Under R 39.05(f) of the Federal Court Rules 2011
Outcome
Order 3 of 10 December 2008 set aside by consent; no order as to costs; requirement in r 4.01(2) dispensed with for applicant.
Legal Topics
['setting Aside Orders' 'trade Marks' 'injunctions' 'consent Orders']
['practice and Procedure' 'intellectual Property'] ['setting Aside Orders' 'trade Marks' 'injunctions' 'consent Orders']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Set Aside Order Under R 39.05(f) of the Federal Court Rules 2011

Legal Issues

  1. 1 ['Whether order 3 of 10 December 2008 should be set aside under r 39.05(f) of the Federal Court Rules 2011' 'Whether it is appropriate to dispense with r 4.01(2) for the applicant']

Ratio Decidendi

It is in the interests of justice to set aside order 3 as there is no current benefit, and all parties consent; the ongoing risk of inadvertent contempt and lack of practical utility justify the order's removal.

Court Disposition

Order 3 of 10 December 2008 set aside by consent; no order as to costs; requirement in r 4.01(2) dispensed with for applicant.

Orders

  • ['Pursuant to rule 1.34 of the Federal Court Rules 2011 (Cth), the requirement in rule 4.01(2) in respect of the Applicant be dispensed with.' 'Pursuant to rule 39.05(f) of the Rules, order 3 of the orders made on 10 December 2008 be set aside.' 'There be no order as to costs.']