Bacchus Marsh Concentrated Milk Company Limited (in Liquidation) v Joseph Nathan and Company Limited [1919] HCA 18

Wh vinug EP sian vite Were as We Heck ut

ri fellows Jeans PyLid Industries v Nominees

farwich dv Matou? 586) Neale ergs OS Winrar SPR Rominges Py Pua 1 denen i dies i

free 1° WAR as

Foll

AMO 400 ded HIGH COURT pCa :

(Sosy to BCL {HIGH COURT OF AUSTRALIA.)

THE BACCHUS MARSH CONCENTRATED MILK COMPANY LIMITED (IN APPELLANTS ; LIQUIDATION) AND ANOTHER DEFENDANTS,

AND

JOSEPH NATHAN PLAINTIFF,

ND COMPANY LIMITED _ ResponDent.

ON APPEAL FROM THE SUPREME COURT OF

+ VICTORIA.

H.C. or A, Contract—Construction—Prior negotiations—Sale of patent rights, inventions and 1919. processes—Right of vendor to manufacture, import and sell—Trade mark— Tae, Assignment—Sale of business—Goodwill—Contracts in restraint of trade—

MELBOURNE, Rectification of Contracts—Evidence. rch 12

Rates 'The A Company, which carried on business in Australia and New Zealand,

May 12. entered into a written contract with the B Company, which carried on business in Australia, wherein it was recited that the A Company was the owner of certain risers anil letters patent for 'certain inventions and processes of manufacture of dried —

ayes Duly, 13. milk in the form of a powder" in certain of the States of Australia other than

Victoria, and that the A Company was willing to sell, and the B Company was desirous of purchasing, "the said inventions and the right to use the same and the said processes as well in Victoria as in other States of the Common- wealth of Australia and to sell the products of the same in all parts of the world except the Dominion of New Zealand and also the said letters patent and all the information and knowledge of * the A Company " and its officers of the processes secret and otherwise of such manufacture " upon the terms and conditions thereinafter appearing. The contract then went on to state that it was thereby agreed (inter alia) that the A Company should sell and the B Company should purchase "' the said letters patent and all forms of provisional protection of the said inventions and processes and the exclusive right to use the same and to sell the said powder in all parts of Australia"; that the A Company should impart to the B Company "all the knowledge of the said inventions and processes of manufacture of the powder known as dried milk