Bose Corporation v Heino Buse MX Import GmbH

This matter concerned an application by Heino Buse MX Import GmbH for an extension of time to serve evidence and for permission to serve further evidence in opposition proceedings before the Registrar. Bose Corporation was the other party to these proceedings. The application was heard by Jock McDonagh.

The primary legal issues before the court were whether to grant an extension of time for serving evidence and permission to serve further evidence, and what principles governed the exercise of this discretion. Specifically, the court had to consider the requirements of regulation 5.15 of the repealed regulations, which stipulated that the Registrar must be satisfied that the applicant had served the application on the other party, given both parties an opportunity to make representations, and that the extension or permission was appropriate.

In determining the application, the court considered the principles for admitting further evidence, drawing on the threefold test from *Ladd v Marshall* and applying Australian jurisprudence. The court noted that an "appeal" from the Registrar was a hearing *de novo* within the original jurisdiction of the court, meaning further evidence would not necessarily be excluded on appeal. The court also referred to the public interest in allowing consideration of available evidence that would assist in resolving ambiguities and providing a clearer picture of issues such as the likelihood of deception and confusion, favouring a full investigation of the substantial issue.