Louis Vuitton Malletier SA v Knierum [2004] FCA 1168

Louis Vuitton Malletier SA v Knierum [2004] FCA 1168

Because the proceeding had clear and distinct connections with New South Wales, including the first respondent's residence, his lack of representation and limited means, the alleged importation into Sydney, significant likely witnesses in or connected with New South Wales, and because the applicant's national solicitors could instruct counsel in Sydney, the better course in the interests of the parties, the nature of the case and the fair and orderly administration of justice was to transfer the whole proceeding, including the summary judgment motion, to the New South Wales Registry if mediation was unsuccessful.

Jurisdiction
Australia
Judgment Date
09 September 2004
Procedural Posture
Practice and Procedure; Trade Mark Infringement Proceeding / Interlocutory Notice of Motion for Summary Judgment and Further Directions, Including Whether the Proceeding or Part of It Should Be Conducted in the New South Wales Registry
Outcome
The matter was referred by consent to mediation in Melbourne. The motion was adjourned, the first respondent was ordered to amend his notice of appearance, and if mediation was unsuccessful the proceeding was to be transferred to the New South Wales Registry and continued there. No order was made as to the costs of...
Legal Topics
['transfer of Proceeding Between Federal Court Registries' 'summary Judgment' 'cross Examination by Video Link' 'mediation' 'registered Trade Mark Infringement']
['practice and Procedure' 'intellectual Property' 'trade Marks'] ['transfer of Proceeding Between Federal Court Registries' 'summary Judgment' 'cross Examination by Video Link' 'mediation' 'registered Trade Mark Infringement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure; Trade Mark Infringement Proceeding / Interlocutory Notice of Motion for Summary Judgment and Further Directions, Including Whether the Proceeding or Part of It Should Be Conducted in the New South Wales Registry

Legal Issues

  1. 1 ['Whether the proceeding, or the summary judgment motion, should be transferred from the Victorian Registry to the New South Wales Registry of the Federal Court of Australia if mediation was unsuccessful.' 'Whether the interests of the parties, the nature of the case and the fair and orderly administration of justice favoured transferring the whole proceeding rather than only the motion.']

Ratio Decidendi

Because the proceeding had clear and distinct connections with New South Wales, including the first respondent's residence, his lack of representation and limited means, the alleged importation into Sydney, significant likely witnesses in or connected with New South Wales, and because the applicant's national solicitors could instruct counsel in Sydney, the better course in the interests of the parties, the nature of the case and the fair and orderly administration of justice was to transfer the whole proceeding, including the summary judgment motion, to the New South Wales Registry if mediation was unsuccessful.

Court Disposition

The matter was referred by consent to mediation in Melbourne. The motion was adjourned, the first respondent was ordered to amend his notice of appearance, and if mediation was unsuccessful the proceeding was to be transferred to the New South Wales Registry and continued there. No order was made as to the costs of...

Orders

  • ['The matter be referred to a Registrar of this Court for mediation, in Melbourne on a date to be fixed, in accordance with O 72 of the Federal Court Rules.' 'The motion, notice of which was filed on 9 June 2004, be adjourned to a date to be fixed.' 'The first respondent file and serve an amended notice of...