Douglas v Racing Victoria Limited

FEDERAL COURT OF AUSTRALIA

Douglas v Racing Victoria Limited [2019] FCA 1745

Appeal from:

Douglas v Racing Victoria Limited and Another [2019] FCCA 49

File number:

VID 244 of 2019

Judge:

ANASTASSIOU  J

Date of judgment:

1 October 2019

Catchwords:

INTELLECTUAL PROPERTY - application for extension of time in which to bring appeal - whether delay attributed to misapprehension of appeal limitation period - claims of illness and financial hardship in obtaining representation – merits of appeal – extension of time granted

Legislation:

Copyright Act 1968 (Cth)

Cases cited:

Douglas v Racing Victoria Limited and Another [2019] FCCA 49

Gallo v Dawson [1992] HCA 44; 66 ALJR 859; 109 ALR 319

SZTUR v Minister for Immigration and Border Protection [2017] FCA 1570

Date of hearing:

1 October 2019

Registry:

Victoria

Division:

General Division

National Practice Area:

Intellectual Property

Sub-area:

Copyright and Industrial Designs

Number of paragraphs:

18

Counsel for the Applicant:

Ms M. Barker and Mr N. Bird

Solicitor for the Applicant:

Ian Robertson Legal

Counsel for the Respondents:

Mr A. Bell

Solicitor for the Respondents:

Maddocks Lawyers

ORDERS

VID 244 of 2019

BETWEEN:

WILLIAM RODERICK DOUGLAS

Applicant

AND:

RACING VICTORIA LIMITED (ACN 096 917 930)

First Respondent

DESIGN AWARDS PTY LTD

Second Respondent

JUDGE:	ANASTASSIOU  J
DATE OF ORDER:	1 OCTOBER 2019

THE COURT ORDERS THAT:

1.The time for filing the Notice of Appeal be extended to 18 March 2019.

2.The matter be listed for mediation before a Registrar of the Court on a date to be fixed before 13 December 2019.

3.The appeal be listed for a case management conference on a date to be fixed after 13 December 2019.

4.The costs of this application be costs in the appeal.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
Delivered ex tempore

ANASTASSIOU J:

1. This is an application for an extension of time in which to file a Notice of Appeal from the decision of the Federal Circuit Court in Douglas v Racing Victoria Limited and Another [2019] FCCA 49. The applicant was unsuccessful in his claim against the respondents for infringement of copyright and for breach of a Deed of Settlement and Release.

2. The applicant's claims concern two medals awarded annually to the leading jockey in the field of flat racing and jumps racing. The background to the claims is set out in detail by the primary judge in paragraphs [6] to [109] of his Honour's reasons.

3. The applicant was 32 days late in filing his Notice of Appeal and accordingly seeks an extension of time in which to file his Notice of Appeal pursuant to rule 36.05 of the Federal Court Rules. The principles applicable to granting such extensions are well known and were essentially common ground between the parties. In short compass they are:

   (1)whether the applicant has provided an acceptable reason for the delay;

   (2)whether the respondents would suffer any prejudice should an extension of time be granted; and