The Court allowed a s 56 Trade Marks Act appeal where the respondent opponent abandoned the proceeding after its solicitors ceased to act, applying the Hungry Spirit framework that an appeal should be allowed unless it is self-evident the trade mark should not be registered. The Court confirmed that affidavits filed but not read into evidence cannot support a ground of opposition, and that where the opponent bears the onus and adduces no evidence, the opposition cannot be upheld. Indemnity costs were awarded from the date the respondent failed to file a notice of address for service, on the basis that its failure to formally withdraw the opposition after effectively abandoning it was unreasonable conduct causing unnecessary expense.
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