New South Wales Dairy Corporation v Murray Goulburn Co-operative Company Limited

The parties to this appeal before the High Court of Australia were the New South Wales Dairy Corporation, as the appellant, and Murray Goulburn Co-operative Company Limited, as the respondent. The dispute concerned the interpretation of section 28 of the Trade Marks Act and the validity of a deed of assignment by which the respondent acquired a trademark.

The primary legal issue before the Court was the interpretation of section 28 of the Trade Marks Act. A secondary issue, raised by the respondent, concerned the validity of the deed of assignment, which the respondent argued should not have been the subject of the appeal as it turned on factual matters and did not present a significant legal question.

The Court, having granted special leave to appeal without limitation, indicated a willingness to hear submissions on both the interpretation of section 28 and the validity of the deed of assignment. The respondent's counsel sought to have the grant of special leave rescinded in relation to the assignment issue, arguing it was fact-dependent and not a matter of general legal significance suitable for special leave. The Court proposed to hear the appellant's arguments on both points before allowing the respondent to make further submissions.