Unilin Beheer BV v Huili Building Materials Pty Limited [2007] FCA 1683

Unilin Beheer BV v Huili Building Materials Pty Limited [2007] FCA 1683

The Court varied the 24 October 2007 orders in the form sought because the applicant desired that form, it was said to be less favourable to the applicant, and it could alleviate any suggestion that the orders against the first, second, third, fourth and sixth respondents exceeded the applicant's entitlement. In fairness to the unrepresented respondents, the Court extended the time for filing and serving any notice of appeal to 23 November 2007 and gave directions for any application against the fifth respondent to be brought by notice of motion supported by affidavit evidence.

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Federal Court Proceeding Concerning an Account of Profits and Infringement Orders / Directions Hearing and Application Arising Out of Orders Made on 24 October 2007
Outcome
Orders made on 24 October 2007 were varied; time for filing and serving any notice of appeal was extended; procedural directions were made for any application against the fifth respondent.
Legal Topics
['account of Profits' 'variation of Orders' 'extension of Time to File and Serve Notice of Appeal' 'notice of Motion' 'cross Claim' 'corporate Representation']
['civil Procedure' 'intellectual Property'] ['account of Profits' 'variation of Orders' 'extension of Time to File and Serve Notice of Appeal' 'notice of Motion' 'cross Claim' 'corporate Representation']

Case Brief

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Procedural Posture

Federal Court Proceeding Concerning an Account of Profits and Infringement Orders / Directions Hearing and Application Arising Out of Orders Made on 24 October 2007

Legal Issues

  1. 1 ['Whether orders (1), (2), (3) and (4) made on 24 October 2007 should be varied in the form sought by the applicant.' 'Whether time for filing and serving any notice of appeal should be extended.' 'What procedure should apply if any respondent wishes to make an application against the fifth respondent in the proceedings.']

Ratio Decidendi

The Court varied the 24 October 2007 orders in the form sought because the applicant desired that form, it was said to be less favourable to the applicant, and it could alleviate any suggestion that the orders against the first, second, third, fourth and sixth respondents exceeded the applicant's entitlement. In fairness to the unrepresented respondents, the Court extended the time for filing and serving any notice of appeal to 23 November 2007 and gave directions for any application against the fifth respondent to be brought by notice of motion supported by affidavit evidence.

Court Disposition

Orders made on 24 October 2007 were varied; time for filing and serving any notice of appeal was extended; procedural directions were made for any application against the fifth respondent.

Orders

  • ['Orders (1), (2), (3) and (4) made on 24 October 2007 be varied by the amendments set out in order 1(a) to 1(d).' 'A consolidated version of the orders made on 24 October 2007 as amended be filed by the applicant and entered and sealed in the registry.' 'The time for filing and serving any notice of appeal be...