Horizons (Asia) Pty Ltd and Registrar of Trade Marks

Horizons (Asia) Pty Ltd sought to appeal a decision of the Registrar of Trade Marks before the Administrative Appeals Tribunal. The dispute concerned the Registrar's refusal to grant an extension of time to file a notice of opposition to the registration of a trade mark.

The primary legal issue before the Tribunal was whether it possessed the jurisdiction to review the Registrar's decision. Specifically, the Tribunal had to determine if the refusal to grant an extension of time for filing a notice of opposition fell within the scope of decisions reviewable by the Tribunal under the relevant legislation.

Deputy President B W Rayment P reasoned that the Tribunal's jurisdiction, as defined by section 224(7) of the relevant Act, was confined to reviewing decisions of the Registrar not to grant certain extensions of time. However, the Tribunal's own rules, specifically rule 21.28, expressly excluded applications for extensions of time to file a notice of opposition from the types of extensions that could be reviewed. The Tribunal concluded that the applicant's submissions attempted to create distinctions not present in the Act or regulations to enlarge its jurisdiction, which it declined to do.

Consequently, the application filed by Horizons (Asia) Pty Ltd was dismissed for want of jurisdiction pursuant to section 42A(4) of the Administrative Appeals Tribunal Act 1975.