Wild Wolf Company v Wild & Wolf (Holdings) Ltd [2016] FCA 1148

Wild Wolf Company v Wild & Wolf (Holdings) Ltd [2016] FCA 1148

The appellant failed to comply with a court order, failed to appear at hearings, and did not prosecute the proceeding with due diligence; consequently, the proceeding should be dismissed under r 5.23(1)(b).

Jurisdiction
Australia
Judgment Date
15 September 2016
Procedural Posture
Appeal From Decision of Registrar of Trade Marks / Dismissal for Default
Outcome
Proceedings dismissed for default
Legal Topics
['trade Marks' 'default' 'case Management']
['intellectual Property'] ['trade Marks' 'default' 'case Management']

Case Brief

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Procedural Posture

Appeal From Decision of Registrar of Trade Marks / Dismissal for Default

Legal Issues

  1. 1 ['Whether proceedings should be dismissed for default under r 5.23(1)(b) of the Federal Court Rules 2011']

Ratio Decidendi

The appellant failed to comply with a court order, failed to appear at hearings, and did not prosecute the proceeding with due diligence; consequently, the proceeding should be dismissed under r 5.23(1)(b).

Court Disposition

Proceedings dismissed for default

Orders

  • ['Proceedings be dismissed pursuant to r 5.23(1)(b) of the Federal Court Rules 2011' "The appellant is to pay the respondent's costs of the proceedings"]