Re Neel's Electronic Pte Ltd

Re Neel's Electronic Pte Ltd

On a quick perusal the material disclosed an arguable case that the Principal Assistant Registrar acted outside her powers by granting an extension of time after the prescribed two‑month period; therefore leave to apply for certiorari was granted to enable full judicial review of that decision.

Citation
[2001] SGHC 261
Parties
Applicant: Neel's Electronics Pte Ltd; Opponent: Charles Jourdan Holding AG; Interested Party: Attorney-General
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
11 September 2001
Case Number
OS No 601099/2001
Procedural Posture
Ex Parte Application for Judicial Review (certiorari) / Leave to Apply for Certiorari (leave Granted)
Outcome
Leave to apply for an order of certiorari granted
Legal Topics
Extension of Time, Interpretation of Procedural Rules, Irregularity and Waiver, Certiorari, Registrar Discretion
Source Language
English
Trade Marks Administrative Law Civil Procedure Extension of Time Interpretation of Procedural Rules Irregularity and Waiver Certiorari Registrar Discretion

Case Brief

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Parties

Neel's Electronics Pte Ltd

Applicant

Charles Jourdan Holding AG

Opponent

Attorney-General

Interested Party

Procedural Posture

Ex Parte Application for Judicial Review (certiorari) / Leave to Apply for Certiorari (leave Granted)

Legal Issues

  1. 1 Whether the Principal Assistant Registrar had power to grant an extension of time under the Trade Marks Rules where the application for extension was made after the prescribed two‑month period
  2. 2 Whether failure to apply within the statutory period was an 'irregularity' curable under rule 83 of the Trade Marks Rules
  3. 3 Whether a certificate of registration issued in error is voidable and may be cancelled by the Registrar

Ratio Decidendi

On a quick perusal the material disclosed an arguable case that the Principal Assistant Registrar acted outside her powers by granting an extension of time after the prescribed two‑month period; therefore leave to apply for certiorari was granted to enable full judicial review of that decision.

Court Disposition

Leave to apply for an order of certiorari granted

Orders

  • Leave to apply for an order of certiorari to quash the decision of the Principal Assistant Registrar dated 24 May 2001 granted