Court of Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Karlsson v Griffith University [2020] NSWCA 176 Hearing dates: 14 August 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Before: Payne and White JJA Decision: Dismiss the summons seeking leave to appeal for want of jurisdiction.
Catchwords: COURTS – jurisdiction – appeal requiring leave to appeal from the Common Law Division – Trade Marks Act 1995 (Cth) – whether appeal lay to Court of Appeal – whether prohibition on instituting and determining appeal other than in a federal court in s 7(5) of Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) applied – whether appeal involved a matter for determination arising under the Trade Marks Act – summons seeking leave to appeal dismissed for want of jurisdiction
Legislation Cited: Acts Interpretation Act 1901 (Cth)
Jurisdiction of Courts (Cross-vesting) Act1987 (Cth)
Trade Marks Act 1955 (Cth)
Trade Marks Act 1995 (Cth)
Trade Practices Act 1974 (Cth)
Cases Cited: Bramco Electronics Pty Ltd v ATF Mining Electrics Proprietary Ltd (2013) 86 NSWLR 115; [2013] NSWCA 392
CGU Insurance Limited v Blakeley (2016) 259 CLR 339; [2016] HCA 2
Cook v Pasminco Ltd (2000) 99 FCR 548; [2000] FCA 677
Eberstaller v Poulos (2014) 87 NSWLR 394; [2014] NSWCA 211
Felton v Mulligan (1971) 124 CLR 367; [1971] HCA 39
Karlsson v Griffith University [2019] NSWSC 1335
Karlsson v Griffith University [2020] NSWSC 365
Morris Finance Ltd v Brown [2016] NSWCA 343
Morris Finance Ltd v Brown (2016) 93 NSWLR 551
R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141; [1945] HCA 50
Johnson Tiles Pty Ltd (ACN 004 576 103) v Esso Australia Ltd (2000) 104 FCR 564; [2000] FCA 1572
Texts Cited: Dennis Pearce, Interpretation Acts in Australia, (1st ed 2018)
Mark Davison, Ian Horak, Shanahan's Australian Law of Trade Marks and Passing Off (online ed, 2020)
Category: Principal judgment Parties: Annika Karlsson (Applicant)
Griffith University (Respondent)Representation: Counsel:
Solicitors:
Plaintiff (in person)
T L Hollo (Respondent)
Bartley Cohen Litigation Lawyers (Respondent)
File Number(s): 2020/00135070 Publication restriction: Nil. Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Common Law Division
- Citation:
- Date of Decision:
- 01 October 2019
- Before:
- Adamson J, Wright J
- File Number(s):
- 2019/229499
HEADNOTE
[This headnote is not to be read as part of the judgment]
Ms Karlsson, the applicant, sought leave to appeal from two decisions of the Supreme Court in Karlsson v Griffith University [2019] NSWSC 1335 (the first judgment) and Karlsson v Griffith University [2020] NSWSC 365 (the second judgment).
In the first judgment, Adamson J struck out the applicant’s pleading and set out a regime to facilitate the matter being re-pleaded. In the second judgment, Wright J refused the applicant leave to file a proposed further amended statement of claim dated…
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- AGLC
- Karlsson v Griffith University [2020] NSWCA 176
- Case
- [2020] NSWCA 176
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether it possessed jurisdiction to hear the appeal. This involved determining the applicability of section 7(5) of the *Jurisdiction of Courts (Cross-vesting) Act 1987* (Cth), which prohibits the institution and determination of certain appeals other than in a federal court, and whether the appeal involved a matter arising under the *Trade Marks Act*.
The Court of Appeal reasoned that section 7(5) of the *Jurisdiction of Courts (Cross-vesting) Act* was a bar to its jurisdiction in this instance. It concluded that the appeal was one that could not be instituted or determined by a State Supreme Court, and therefore, the Court of Appeal lacked the necessary jurisdiction to entertain the application for leave to appeal.
Consequently, the summons seeking leave to appeal was dismissed for want of jurisdiction.
Orders
Orders of the court
Dismiss the summons seeking leave to appeal for want of jurisdiction.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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