Perdigao Agroindustrial SA v Barilla GER Fratelli-Societa Per Azioni

Perdigao Agroindustrial SA v Barilla GER Fratelli-Societa Per Azioni

An oversight by a solicitor or clerk is not an automatic bar to granting an extension of time; where the notice was filed within time, the respondent was promptly informed, there was no prejudice and the appeal was not hopeless, the court should exercise its discretion to grant an extension; the Assistant Registrar erred in treating solicitor oversight as conclusively fatal.

Citation
[2009] SGHC 210
Parties
Plaintiff/appellant: Perdigao Agroindustrial SA; Defendant/respondent: Barilla GER Fratelli-Societa Per Azioni
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
18 September 2009
Case Number
OS 1497/2008, RA 62/2009, 63/2009
Procedural Posture
Appeal From Decision of Principal Assistant Registrar of Trade Mark (originating Summons) / Hearing of Registrar's Appeals No 62 & 63 of 2009 in the High Court
Outcome
Extension of time to serve the notice of appeal granted; Assistant Registrar's orders setting aside the appeal/striking out the notice set aside
Legal Topics
Extension of Time, Service of Process, Delay, Costs (indemnity)
Source Language
English
Civil Procedure Intellectual Property Trade Mark Extension of Time Service of Process Delay Costs (indemnity)

Case Brief

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Parties

Perdigao Agroindustrial SA

Plaintiff/appellant

Barilla GER Fratelli-Societa Per Azioni

Defendant/respondent

Procedural Posture

Appeal From Decision of Principal Assistant Registrar of Trade Mark (originating Summons) / Hearing of Registrar's Appeals No 62 & 63 of 2009 in the High Court

Legal Issues

  1. 1 Whether an extension of time should be granted to serve a notice of appeal
  2. 2 Whether solicitor or clerk oversight can constitute sufficient reason for extension
  3. 3 Proper computation of time for filing/serving under Order 87 rules

Ratio Decidendi

An oversight by a solicitor or clerk is not an automatic bar to granting an extension of time; where the notice was filed within time, the respondent was promptly informed, there was no prejudice and the appeal was not hopeless, the court should exercise its discretion to grant an extension; the Assistant Registrar erred in treating solicitor oversight as conclusively fatal.

Court Disposition

Extension of time to serve the notice of appeal granted; Assistant Registrar's orders setting aside the appeal/striking out the notice set aside

Orders

  • Grant extension of time to serve Originating Summons No 1497 of 2008 (late service permitted)
  • Set aside the Assistant Registrar's decision to strike out the notice of appeal