Buzacott and Company Limited v Cyclone Pty Ltd [1920] HCA 12
The Full Court determined that it was desirable to have a new trial so additional evidence regarding prior publication of the designs might be considered by the trial judge, thus vacating the original judgment and ordering a new trial with the previous trial's evidence to be used.
- Parties
- Appellant; Defendant: Buzacott & Company Limited; Respondent; Plaintiff: Cyclone Proprietary Limited
- Jurisdiction
- Australia
- Judgment Date
- 09 March 1920
- Procedural Posture
- Appeal / Appeal From Decision of a Single Justice of the High Court
- Outcome
- Judgment set aside. New trial granted.
- Legal Topics
- Designs, Copyright, Infringement, Prior Publication, Admission of Further Evidence, New Trial
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Buzacott & Company Limited
Appellant; Defendant
Cyclone Proprietary Limited
Respondent; Plaintiff
Procedural Posture
Appeal / Appeal From Decision of a Single Justice of the High Court
Legal Issues
- 1 Whether new evidence of prior publication of registered designs should be admitted on appeal
- 2 Whether a new trial should be ordered in view of the application to admit fresh evidence
Ratio Decidendi
The Full Court determined that it was desirable to have a new trial so additional evidence regarding prior publication of the designs might be considered by the trial judge, thus vacating the original judgment and ordering a new trial with the previous trial's evidence to be used.
Court Disposition
Judgment set aside. New trial granted.
Orders
- New trial to take place before Isaacs J.
- Evidence from the previous trial to be used at the new trial.
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