Alexander Ferguson and Co v Daniel Crawford and Co Ltd [1910] HCA 6

Alexander Ferguson and Co v Daniel Crawford and Co Ltd [1910] HCA 6

The High Court has discretion to review decisions on costs made by the Law Officer on appeal from the Registrar, but it will not intervene unless there has been a disregard of principle or a misapprehension of facts. Here, neither was shown; the Law Officer fully considered the facts and applied the established principle regarding costs.

Parties
Appellant: Alexander Ferguson & Co.; Respondent: Daniel Crawford & Co. Ltd.
Jurisdiction
Australia
Judgment Date
24 March 1910
Procedural Posture
Appeal From Law Officer Regarding Trade Mark Registration/costs / Decision on Application to Vary Order as to Costs
Outcome
Appeal dismissed with costs.
Legal Topics
Trade Marks, Costs (legal Costs and Expenses), Appeals Procedure
Intellectual Property Law Trade Marks Costs (legal Costs and Expenses) Appeals Procedure

Case Brief

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Parties

Alexander Ferguson & Co.

Appellant

Daniel Crawford & Co. Ltd.

Respondent

Procedural Posture

Appeal From Law Officer Regarding Trade Mark Registration/costs / Decision on Application to Vary Order as to Costs

Legal Issues

  1. 1 Whether the High Court should vary the Law Officer’s decision on costs regarding proceedings before the Registrar of Trade Marks.

Ratio Decidendi

The High Court has discretion to review decisions on costs made by the Law Officer on appeal from the Registrar, but it will not intervene unless there has been a disregard of principle or a misapprehension of facts. Here, neither was shown; the Law Officer fully considered the facts and applied the established principle regarding costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Respondents to pay costs of notice to vary the order.