Satnam Imports Pty Ltd v Simon Walter Sharpe

This matter concerned an application before a delegate of the Registrar of Trade Marks, where the Opponent sought an extension of time to file its Evidence in Support. The Registrar's delegate initially requested further reasons for the extension, which were not provided. The Opponent subsequently filed its Evidence in Support, a declaration from its sole director, out of time. The delegate formally refused the extension, noting the late filing, and indicated that the decision to admit the material would be made by the hearing officer. The Opponent then filed submissions arguing for the acceptance of the evidence under regulation 21.15(4) of the Trade Mark Regulations 1995 (Cth).

The legal issues before the delegate were whether to grant the Opponent an extension of time to file its Evidence in Support, and if not, whether to admit the Evidence in Support filed out of time under regulation 21.15(4) of the Regulations. The delegate also had to consider whether there was a compelling case for the late-filed material to be considered, and whether to accept the Opponent's submissions regarding the admission of this evidence.

The delegate considered the Opponent's submissions that the sole director, Mr. Gidwani, was unable to delegate the collection of evidence due to his comprehensive knowledge of the business and his sole responsibility for legal matters. It was argued that Mr. Gidwani's overseas travel in January 2017 and subsequent illness in February 2017 prevented timely filing, leading to the request for an extension. The delegate noted that the material filed on 10 May 2017 was out of time, and the decision to consider it rested on whether a compelling case could be made for its admission under regulation 21.15(4).