Unilever Aust Ltd v George Karounos & Anor [2001] FCA 125

Unilever Aust Ltd v George Karounos & Anor [2001] FCA 125

The hearing date should not be vacated; the main claim by Unilever against Mr Karounos and Sabre International Limited will proceed as listed, while the cross-claims involving Revelinu will not proceed due to its voluntary administration. The various reasons advanced for adjournment by Karounos are not sufficient to justify vacating the hearing, taking into account elapsed time, prior delays, and lack of substantial prejudice.

Parties
Applicant/cross Respondent: Unilever Australia Limited; Second Respondent/second Cross Claimant: George Karounos; First Cross Claimant: Revelinu Pty Limited; Third Respondent/third Cross Claimant: Sabre International Limited
Jurisdiction
Australia
Judgment Date
14 February 2001
Procedural Posture
Motions to Vacate Hearing Date in Trademark/cross Claim Proceedings / Interlocutory (application to Adjourn/vacate Hearing Date)
Outcome
Application to vacate hearing date refused for main claim; cross-claim proceedings involving Revelinu stayed.
Legal Topics
Trade Marks, Voluntary Administration, Adjournment, Cross Claims
Intellectual Property Corporate Insolvency Trade Marks Voluntary Administration Adjournment Cross Claims

Case Brief

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Parties

Unilever Australia Limited

Applicant/cross Respondent

George Karounos

Second Respondent/second Cross Claimant

Revelinu Pty Limited

First Cross Claimant

Sabre International Limited

Third Respondent/third Cross Claimant

Procedural Posture

Motions to Vacate Hearing Date in Trademark/cross Claim Proceedings / Interlocutory (application to Adjourn/vacate Hearing Date)

Legal Issues

  1. 1 Whether hearing date should be vacated due to voluntary administration of party and funding issues for another respondent
  2. 2 Whether the main claim can proceed without cross-claims
  3. 3 Potential prejudice to parties due to adjournment or proceeding

Ratio Decidendi

The hearing date should not be vacated; the main claim by Unilever against Mr Karounos and Sabre International Limited will proceed as listed, while the cross-claims involving Revelinu will not proceed due to its voluntary administration. The various reasons advanced for adjournment by Karounos are not sufficient to justify vacating the hearing, taking into account elapsed time, prior delays, and lack of substantial prejudice.

Court Disposition

Application to vacate hearing date refused for main claim; cross-claim proceedings involving Revelinu stayed.

Orders

  • Main claim to proceed on scheduled hearing date between Unilever and Mr Karounos/Sabre International Limited.
  • Cross-claims not to proceed due to voluntary administration of Revelinu.