Re Cameron's Patent [1928] HCA 29; (1928) 42 CLR 66 (12 October 1928)

HIGH COURT OF AUSTRALIA

In re Cameron's Patent.

H C of A

12 October 1928

Starke J.

Owen Dixon K.C. and Fraser, for the petitioner.

Dean, for the opponents.

Herring, for the Commissioner of Patents.

Dean.

Owen Dixon K.C.

Herring

Starke J.

It is admitted that the advertisements did not conform to the provisions of the Patents Act and the regulations thereunder. Advertisements in accordance with the regulations are, I think, a condition precedent to the exercise of the jurisdiction given by sec. 84. The petition must, therefore, be dismissed. I make this order without prejudice to the right of the petitioner to present another petition if it be so advised. The opponents waived, so far as it was possible for them to do so, any right to object and will get no costs. The applicant must pay the Commissioner's costs.

Petition dismissed accordingly.

Solicitor for the petitioner, G. A. Prendergast, Sydney, by Stewart & Dimelow.

Solicitors for the opponents, Arthur Robinson & Co.

Solicitor for the Commissioner of Patents, W. H. Sharwood, Crown Solicitor for the Commonwealth.