Federal Court of Australia
4 (wn
19S tes
CATCHWORDS
Crown - Administrative Decisions Judicial Review legislation -
Administrative Decisions (Judicial Review) Act 1377 (Cth.) - Stay
of proceedings - Existence of ather rights of review of decisions
under Patents Act 1952.
Administrative Decisions (Judicial Review) Act 1977 - s.10 inistrative eals Tribun t 1975 - 5.29(7) Patents Act 1952 - ss. 59(1), 151, 160(2), 160(8) ani ventor v. Commissioner of Patents (1981) 36 A.L.R. 101 Lehtova v ctin Deputy Commissione of Patants (1981) 33 A.L.R. 103 McHenry v. Lewis (1883) 22 Ch.D. 397 Willi Vv. t £19053 1 K.B. 512 Tha un s Ltd. ev. init House Corporation (Deptford Strond) £13613 Ch. 1937 Slough Est. s Ltd. v. Slough rough Council €19681 ch. 299 Moore v. Inglis (1976) 50 A.L.J.R. 589 Kelly v. Coates (1981) 35 A.U.R. 93 at 94 re onno Brothers Ltd.; Wood v. Connolly, Brothers Ltd.
Ci9113 1 Ch. 731 at 746
KIMB Y-CLARK LIMITED v. THE COMMISSTONER OF PATENTS AND MINNESOTA MINING AND MANUFACTURING COMPANY
VG93 of 1988
Jenkinson J. Melbourne 15 April, 1988
IN T OF AUSTRALIA ) VviIcTto s STRY ) No. VG93 of 1988 GI VISION }
BETWEEN: KIMBERLY-CLARK LIMITED Applicant
AND: THE COMMISSTONER OF PATENTS
First Respondent
AND: MINNESOTA MINING AND MANUFACTURING COMPANY
Second Respondent
CORAM: Jenkinson J. PLACE: Melbourne DATE: 15 April, 1988
REASONS FOR JUDGMENT
Motion by the respondent Minnesota Mining and Manufacturing Company (Minnesota) for dismissal or stay of an application for an order of review in respect of a decisicn made
by a delegate of the respondent Commissioner of Patents.
The decision un respect of which the applicant
Kimberly-Clark Ltd. seeks an order of review was to refuse an extension, by exercise of power said to he conferred by sub-section 160(2) of the Patents Act 1952, of the time allowed by sub-section 59(1) of that Act for lodging notice of opposition to
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