Bruce v Commonwealth Trade Marks Label Association [1907] HCA 41
Because the application for registration of the trade mark had been withdrawn before hearing, there remained no justiciable issue and the Court lacked jurisdiction to determine an abstract question of constitutional law.
- Parties
- Plaintiff: Bruce; Plaintiff: D. R. Davies; Defendant: Commonwealth Trade Marks Label Association; Defendant: Barker; Defendant: Registrar of Trade Marks
- Jurisdiction
- Australia
- Judgment Date
- 13 September 1907
- Procedural Posture
- Action for Declaration and Injunction / Full Court Consideration Upon Reference of Legal Question; Application for Registration Withdrawn Before Hearing
- Outcome
- case struck out
- Legal Topics
- Power of Commonwealth Parliament, Declaratory Orders, Practice and Procedure
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bruce
Plaintiff
D. R. Davies
Plaintiff
Commonwealth Trade Marks Label Association
Defendant
Barker
Defendant
Registrar of Trade Marks
Defendant
Procedural Posture
Action for Declaration and Injunction / Full Court Consideration Upon Reference of Legal Question; Application for Registration Withdrawn Before Hearing
Legal Issues
- 1 Whether the High Court will decide an abstract question of constitutional law when the cause of action has lapsed
- 2 Whether Parliament had power to enact Part VII of the Trade Marks Act 1905
Ratio Decidendi
Because the application for registration of the trade mark had been withdrawn before hearing, there remained no justiciable issue and the Court lacked jurisdiction to determine an abstract question of constitutional law.
Court Disposition
case struck out
Orders
- case struck out of the list
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment