Federal Court of Australia
JUDGMENT No. 104 /23_.
CATCHWORODS
TRADE MARKS ~ Federal Court of Australia - Jurisdiction - "appeal" from decision of Registrar of Trade Marks - decision made prior to commencement of Jurisdiction of Courts (Miscellaneous Amendments) Act 1987 - transitional provisions - whether "appeal" is commencement of an "action of proceeding" - Jurisdiction of Courts (Miscellaneous Amendments) Act 1987, 5.5 - Trade Marks Act 1955, sub-s.23(7).
Jurisdiction of Courts (Miscellaneous Amendments) Act 1987, 5.5 Trade Marks Act 1955, sub-s.23(7)
The Queen v Quinn; Ex parte Consolidated Foods Corporation (1977) 138 CLR 1
Farbenfabriken Bayer Aktiengesellischaft v Bayer Pharma Pty Ltd (1959) 101 CLR 652
Gardner v Lucas £18781 3 App. Cas. 582 Quilter v Mapleson (1882) 9 QBD 672 Attorney-General v Vernazza £19601] AC 965 Maxwell v Murphy (1956-7) 96 CLR 261 Republic of Costa Rica v Erlanger (1876) 3 Ch.D. 62 i . v Irving (1905) AC 369 Worrall] v C rcial king Co. of Sydney Limited (1917-18) 24 CLR 28 T
Aust i L v Registrar of Companies €19691 VR 821 Hutchinson v Jauncey £1950] 1 KB 574
FOODLAND ASSOCIATED LTD v JO WEEKS PTY LTD NO. WAG 1 of 1988
LEE J. PERTH 15 APRIL 1988
IN 'THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
we we
NO. WAG 1 of 1988
BU TWEEN: FOODLASD ASSOCIALED LTD Applicant and JOHN WEEKS PTY LTD
Respondent
CORAM: LEE J. 15 April 1988
REASONS FOR JUDGMENT
The applicant seeks to have a decision of the Registrar
of Trade Marks reviewed by this Court. A preliminary question has arisen as to whether the Court has received jurisdiction pursuant to the Jurisdiction of Courts (Miscellaneous Amendments) Act 1987 to review a decision made upon an application to the Registrar
commenced in October 1985. Both the applicant and respondent
contend that the Court has such jurisdiction.
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