Crocker v Toys 'R' Us (Aust) Pty Ltd [2017] FCA 619

Crocker v Toys 'R' Us (Aust) Pty Ltd [2017] FCA 619

Proceedings QUD 647 of 2014 and QUD 865 of 2015 dismissed because the bankruptcy trustees elected not to prosecute, and no valid basis for a stay or further proceedings. Interlocutory application filed on 12 May 2016 in QUD 9 of 2015 dismissed for lack of merit.

Parties
Applicant: Debra Ann Crocker; Second Respondent: Toys 'R' Us (Aust) Pty Ltd; Third Respondent: Baby Zone (Australia) Pty Ltd; Fourth Respondent: The Baby Project Limited Partnership LP; Applicant (qud 9 of 2015): Infa-Secure Pty Limited; Respondent (qud 9 of 2015): Debra Ann Crocker; Applicant (qud 865 of 2015): Debra Crocker; Respondent (qud 865 of 2015): Registrar of Trade Marks IP Australia
Jurisdiction
Australia
Judgment Date
09 February 2017
Procedural Posture
Bankruptcy and Trade Marks Related Civil Proceedings / Final/interlocutory Orders and Ex Tempore Judgment
Outcome
QUD 647 of 2014 and QUD 865 of 2015 dismissed; QUD 9 of 2015 set for hearing and interlocutory application of 12 May 2016 dismissed; costs orders made against Ms Crocker.
Legal Topics
Bankruptcy Trustee Election, Institution and Dismissal of Proceedings by Bankrupt, Appeal Rights Under Trade Marks Act, Abuse of Process
Bankruptcy Intellectual Property Trade Marks Bankruptcy Trustee Election Institution and Dismissal of Proceedings by Bankrupt Appeal Rights Under Trade Marks Act Abuse of Process

Case Brief

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Parties

Debra Ann Crocker

Applicant

Toys 'R' Us (Aust) Pty Ltd

Second Respondent

Baby Zone (Australia) Pty Ltd

Third Respondent

The Baby Project Limited Partnership LP

Fourth Respondent

Infa-Secure Pty Limited

Applicant (qud 9 of 2015)

Debra Ann Crocker

Respondent (qud 9 of 2015)

Debra Crocker

Applicant (qud 865 of 2015)

Registrar of Trade Marks IP Australia

Respondent (qud 865 of 2015)

Procedural Posture

Bankruptcy and Trade Marks Related Civil Proceedings / Final/interlocutory Orders and Ex Tempore Judgment

Legal Issues

  1. 1 Whether proceedings commenced by bankrupt should be dismissed under s 60 of the Bankruptcy Act 1966 (Cth)
  2. 2 Whether a stay pending appeal against bankruptcy order is warranted
  3. 3 Whether interlocutory applications in QUD 9 of 2015 should be adjourned or dismissed

Ratio Decidendi

Proceedings QUD 647 of 2014 and QUD 865 of 2015 dismissed because the bankruptcy trustees elected not to prosecute, and no valid basis for a stay or further proceedings. Interlocutory application filed on 12 May 2016 in QUD 9 of 2015 dismissed for lack of merit.

Court Disposition

QUD 647 of 2014 and QUD 865 of 2015 dismissed; QUD 9 of 2015 set for hearing and interlocutory application of 12 May 2016 dismissed; costs orders made against Ms Crocker.

Orders

  • QUD 647 of 2014 is dismissed.
  • The applicant is to pay the respondent's costs to be taxed or agreed in QUD 647 of 2014.