Skyn Pty Ltd v Ansell Limited [2018] FCA 1989

Skyn Pty Ltd v Ansell Limited [2018] FCA 1989

The Court refused to substitute Lifestyles Healthcare Pte Ltd for Ansell Limited as respondent and instead ordered that Lifestyles be joined as a further respondent. This was because no provision was made for transfer of Ansell’s costs liability, Ansell remained a proper party as the original objector, and the case circumstances did not warrant substitution, although joinder was appropriate and unopposed.

Parties
Applicant: SKYN PTY LTD; First Respondent: ANSELL LIMITED; Second Respondent: REGISTRAR OF TRADE MARKS; Third Respondent: Lifestyles Healthcare Pte Ltd
Jurisdiction
Australia
Judgment Date
17 December 2018
Procedural Posture
Appeal / Ruling on Interlocutory Application for Party Substitution
Outcome
Application to substitute first respondent dismissed; Lifestyles Healthcare Pte Ltd joined as third respondent; costs order against Ansell Limited.
Legal Topics
Practice and Procedure, Trade Marks, Substitution of Parties, Joinder of Parties, Appeal Proceedings
Intellectual Property Practice and Procedure Trade Marks Substitution of Parties Joinder of Parties Appeal Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

SKYN PTY LTD

Applicant

ANSELL LIMITED

First Respondent

REGISTRAR OF TRADE MARKS

Second Respondent

Lifestyles Healthcare Pte Ltd

Third Respondent

Procedural Posture

Appeal / Ruling on Interlocutory Application for Party Substitution

Legal Issues

  1. 1 Whether Ansell Limited should be substituted by Lifestyles Healthcare Pte Ltd as the respondent in the appeal
  2. 2 Whether Lifestyles Healthcare Pte Ltd should be joined as a respondent
  3. 3 Whether Ansell Limited should remain liable for costs to date

Ratio Decidendi

The Court refused to substitute Lifestyles Healthcare Pte Ltd for Ansell Limited as respondent and instead ordered that Lifestyles be joined as a further respondent. This was because no provision was made for transfer of Ansell’s costs liability, Ansell remained a proper party as the original objector, and the case circumstances did not warrant substitution, although joinder was appropriate and unopposed.

Court Disposition

Application to substitute first respondent dismissed; Lifestyles Healthcare Pte Ltd joined as third respondent; costs order against Ansell Limited.

Orders

  • Lifestyles Healthcare Pte Ltd be joined as the third respondent in the appeal.
  • Service of the papers in the appeal be dispensed with.