McMullan v Stewarts and Lloyds (Australia) Limited [1915] HCA 72

McMullan v Stewarts and Lloyds (Australia) Limited [1915] HCA 72

The appeal was dismissed as incompetent because the value of the property in dispute did not reach the statutory threshold of £300, and special leave to appeal was required but not granted. Further, upon the facts, the defendants’ device did not infringe the plaintiff’s patent as it was not substantially similar to the patented contrivance.

Parties
Appellant; Plaintiff: Robert McMullan; Respondents; Defendants: Stewarts & Lloyds (Australia) Ltd.
Jurisdiction
Australia
Judgment Date
27 October 1915
Procedural Posture
Appeal / Decision on Appeal From the Supreme Court of Western Australia
Outcome
Appeal dismissed as incompetent; appeal dismissed with costs.
Legal Topics
Appeal Rights, Infringement of Patent, Special Leave to Appeal, Property Value Threshold
Intellectual Property Patents Civil Procedure Appeal Rights Infringement of Patent Special Leave to Appeal Property Value Threshold

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Parties

Robert McMullan

Appellant; Plaintiff

Stewarts & Lloyds (Australia) Ltd.

Respondents; Defendants

Procedural Posture

Appeal / Decision on Appeal From the Supreme Court of Western Australia

Legal Issues

  1. 1 Whether the defendants' device infringed the plaintiff’s patent.
  2. 2 Whether the appeal to the High Court can proceed without special leave under the Judiciary Act due to the property value involved.

Ratio Decidendi

The appeal was dismissed as incompetent because the value of the property in dispute did not reach the statutory threshold of £300, and special leave to appeal was required but not granted. Further, upon the facts, the defendants’ device did not infringe the plaintiff’s patent as it was not substantially similar to the patented contrivance.

Court Disposition

Appeal dismissed as incompetent; appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.