Douglas v Racing Victoria Limited

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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

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Details
Case
[2019] FCA 1745
Decision Date

CaseChat Overview and Summary

The applicant, Douglas, sought an extension of time to bring an appeal against Racing Victoria Limited, the respondent, in a matter that involved intellectual property. The appeal was originally due to be filed by a specified date, but Douglas applied for an extension. The court had to consider whether the delay in filing the appeal was due to a misunderstanding of the appeal period, as well as claims of illness and financial difficulties that had hindered Douglas from obtaining legal representation.

The central legal issues were whether the delay in filing the appeal was attributable to a genuine misunderstanding of the appeal period, and if the applicant's claims of illness and financial hardship were valid reasons for the extension of time. The court also had to assess the merits of the appeal itself and determine whether granting an extension would be in the interests of justice.

The court found that Douglas's delay in filing the appeal was due to a genuine misunderstanding of the appeal period, and that his claims of illness and financial hardship were credible. The court also considered the merits of the appeal, which were found to be potentially valid. Consequently, the court granted the extension of time for filing the Notice of Appeal, and ordered mediation and a case management conference to ensure that the matter progresses efficiently. The costs of the application were ordered to be costs in the appeal.

The court's orders included an extension of the time for filing the Notice of Appeal to 18 March 2019, a requirement for the matter to be listed for mediation before a Registrar of the Court on a date to be fixed before 13 December 2019, a listing for a case management conference after 13 December 2019, and that the costs of this application be costs in the appeal. These orders were made in accordance with Rule 39.32 of the Federal Court Rules 2011.

Orders

Orders of the court

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.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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