Christodoulou v Disney Enterprises Inc [2006] FCAFC 183

Christodoulou v Disney Enterprises Inc [2006] FCAFC 183

The applicant's notice of discontinuance was effective to discontinue and abandon the appeal under the Federal Court Rules. Assuming the court had power to set aside such notice and reinstate the appeal on the interests of justice, the appeal had no merit and no basis exists in the circumstances to exercise such power.

Parties
Applicant: Savvas Christodoulou; First Respondent: Disney Enterprises Inc; Second Respondent: Buena Vista (Australia) Pty Limited; Third Respondent: BMG Australia Pty Limited
Jurisdiction
Australia
Judgment Date
18 December 2006
Procedural Posture
Appeal / Post Discontinuance Application to Set Aside Notice of Discontinuance
Outcome
Application to withdraw or set aside the notice of discontinuance dismissed with costs.
Legal Topics
Trade Marks, Discontinuance of Appeals, Costs, Powers of Court to Reinstate Proceedings
Intellectual Property Civil Procedure Trade Marks Discontinuance of Appeals Costs Powers of Court to Reinstate Proceedings

Case Brief

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Parties

Savvas Christodoulou

Applicant

Disney Enterprises Inc

First Respondent

Buena Vista (Australia) Pty Limited

Second Respondent

BMG Australia Pty Limited

Third Respondent

Procedural Posture

Appeal / Post Discontinuance Application to Set Aside Notice of Discontinuance

Legal Issues

  1. 1 Whether the applicant effectively discontinued the appeal
  2. 2 Whether the Court has power to set aside a notice of discontinuance and reinstate an appeal
  3. 3 Whether, if such power exists, it should be exercised in this case

Ratio Decidendi

The applicant's notice of discontinuance was effective to discontinue and abandon the appeal under the Federal Court Rules. Assuming the court had power to set aside such notice and reinstate the appeal on the interests of justice, the appeal had no merit and no basis exists in the circumstances to exercise such power.

Court Disposition

Application to withdraw or set aside the notice of discontinuance dismissed with costs.

Orders

  • The applicant's notice of motion dated 6 July 2006 be dismissed.
  • The applicant pay the respondents' costs of the said notice of motion.