Jimik Investments Pty Ltd v Registrar of Trade Marks [1999] FCA 1873

Jimik Investments Pty Ltd v Registrar of Trade Marks [1999] FCA 1873

It is arguable that the ADJR Act applies to a decision by a hearing officer to refuse an adjournment in opposition proceedings, and there is a serious question to be tried as to whether the hearing officer erred in treating the pending arbitration as irrelevant to the grounds of opposition, justifying the grant of interim relief to postpone the opposition hearing.

Parties
Applicant: Jimik Investments Pty Ltd; First Respondent: Registrar of Trade Marks; Second Respondent: Gerd Thone; Third Respondent: Oliver Thone
Jurisdiction
Australia
Judgment Date
21 December 1999
Procedural Posture
Application for Interim Relief Under Administrative Decisions (judicial Review) Act 1977 / Interlocutory / Interim Application
Outcome
Interim relief granted; opposition hearing postponed; leave to serve out of jurisdiction; costs reserved
Legal Topics
Trade Marks, Administrative Decisions – Judicial Review, Interim Orders, Adjournment of Hearings
Administrative Law Intellectual Property Trade Marks Administrative Decisions – Judicial Review Interim Orders Adjournment of Hearings

Case Brief

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Parties

Jimik Investments Pty Ltd

Applicant

Registrar of Trade Marks

First Respondent

Gerd Thone

Second Respondent

Oliver Thone

Third Respondent

Procedural Posture

Application for Interim Relief Under Administrative Decisions (judicial Review) Act 1977 / Interlocutory / Interim Application

Legal Issues

  1. 1 Whether an interim order should be made to postpone a Trade Mark Opposition Hearing
  2. 2 Whether the ADJR Act applies to the hearing officer’s decision on adjournment
  3. 3 Whether the hearing officer erred in law by disregarding relevance of arbitration to grounds of opposition

Ratio Decidendi

It is arguable that the ADJR Act applies to a decision by a hearing officer to refuse an adjournment in opposition proceedings, and there is a serious question to be tried as to whether the hearing officer erred in treating the pending arbitration as irrelevant to the grounds of opposition, justifying the grant of interim relief to postpone the opposition hearing.

Court Disposition

Interim relief granted; opposition hearing postponed; leave to serve out of jurisdiction; costs reserved

Orders

  • The first respondent, Registrar of Trade Marks, to postpone the Opposition Hearing fixed for 19 January 2000 in respect of Australian Trade Mark Number 746400 until a date to be fixed by or pursuant to further order of the Court or after the final hearing.
  • Applicant given leave to serve the amended application and supporting affidavits on the second respondent, Gerd Thone, in Germany.