Davies and Jones v Western Australia [1904] HCA 46

'ot Fol

20.LR.] OF AUSTRALIA. 29

patent may legally issue. As it is clear that there has been an H.C. or A. infringement of that patent by the defendant, I am of opinion as that, on the whole case, the plaintiff is entitled to the damages Wiutmaxy and injunction awarded him, that the judgment of Mr. Justice pyrprsny, Power should be, with the exception mentioned by the Chief

Justice, restored, and the appeal upheld. As to costs, I agree

with the judgment of the Chief Justice.

O'Connor J.

Appeal allowed. Judgment of Full Court reversed. Judgment of Power J. restored with costs of action eacept so far as they were incurred by the claim in respect of Patent No. 4799. Respon- dent to pay costs of appeal to the Full Court and of this appeal.

Solicitors for the appellant, Atthow & McGregor, Brisbane, for H. B. Wright, Mackay. Solicitors for the respondent, Roberts & Roberts, for Alex. G.

Stuart, Mackay.

coe Bs H. E. M.

Sorcet Old Rin Greco — Petrie.w. 39 Herm Fl aco ar (gent Baro Keamitind" Boi (1973) ate

TiS $C VAFCO ne Feary

(HIGH COURT OF AUSTRALIA.]

DAVIES anp JONES . : ' . é . PUAINTIFFs ; AND THE STATE OF WESTERN AUSTRALIA. Derenpanr.

H. ©. oF A.

1904. Commonwealth of Australia Constitution Act, (sec. 117]—Discrimination—'' Resi-

dent "—Administration Act (W. A.)] (1903, No. 13), sec. 86—'' Bond Prrru, fide residents of and domiciled in." Oct. 13.

The Administration Act of Western Australia (1903, No. 13) sec. 86, im- SYDNEY, poses a duty on the final balance of the real and personal estate of the Dec. 23. deceased according to fixed rates, and contains a proviso that in so far as beneficial interests pass to persons bond side residents of and domiciled in Gritith, C.1., Western Australia, and occupying towards the deceased a certain relation- gor JJ.

H.C. or A. 1904. eee.

Davies AND JONES