CSR Limited v XChina South Locomotive & Rolling Stock Corporation

This matter concerned an application by CSR Limited (the Removal Opponent) to remove a registered trade mark from the Register of Trade Marks, and an opposition by XChina South Locomotive & Rolling Stock Corporation (the Removal Applicant) to that application. The dispute arose from the Removal Applicant's belief that the Removal Opponent had erroneously filed evidence in support of its application.

The court was required to determine whether to admit further evidence from the Removal Applicant, specifically a second declaration of Mr Wu Jianxing, which sought to correct factual errors in an earlier declaration. The Removal Opponent objected to the admission of this evidence on the grounds of non-compliance with filing formalities.

The court considered the nature of the further evidence, noting that it did not introduce fresh material but rather clarified assertions made in the initial declaration due to alleged mistranslations. Despite the procedural irregularities in its filing, the court decided to treat the factual errors in the first declaration as corrected by the second, observing that these corrections would not have impacted the outcome of the decisions. The court also noted the history of CSR Limited's involvement in the sugar industry, as detailed by Mr David Andrew French, legal counsel for CSR.