4 Oct 2012
CHETTLEBURGH V SEDUCE GROUP AUSTRALIA PTY LIMITED HC AK CIV-2011-485-2117
- Citation
- openlaw-e82cf053_f86c_4ee1_a51d_aa7e2e91f4e2.pdf
- Court
- High Court
The High Court held that a s 32(1) claim to be owner can be considered on a s 73 invalidity application and such a claim must be substantive and capable of being established in law and fact; Seduce Group qualified as an 'aggrieved person' on the material before the Court but the Assistant Commissioner erred in finding Chettleburgh had adequate notice that ownership under s 32 was being contested and in procedure such that rehearing on ownership (and any discretion under s73) before the Commissioner is required; appeal allowed and matter remitted for fresh hearing on ownership and discretionar…