M Webster Holdings Pty Ltd vPeter Morrissey Pty Ltd

The decision in *M Webster Holdings Pty Ltd v Peter Morrissey Pty Ltd* was made by Bianca Irgang in the context of trade mark opposition proceedings. The applicant, M Webster Holdings Pty Ltd, sought to register three trade marks, which were opposed by Peter Morrissey Pty Ltd. The core of the dispute concerned whether the grounds of opposition raised by Peter Morrissey Pty Ltd were made out.

The primary legal issue before the court was whether the opponent, Peter Morrissey Pty Ltd, had discharged the onus of proof in relation to the grounds of opposition argued at the hearing, specifically under section 60 of the relevant Act. This section pertains to the registration of trade marks and the circumstances under which registration may be refused.

The court found that the opponent had successfully met the onus placed upon it regarding the grounds of opposition under section 60. Consequently, the court ordered that the three trade mark applications made by M Webster Holdings Pty Ltd be refused registration. The court also ordered that costs follow the event, awarding costs against the applicant in accordance with Schedule 8 of the Trade Mark Regulations 1995, noting that all four opposition matters shared common evidence.