Austin v Stiching Lodestar

[2007] NZSC 41

IN THE SUPREME COURT OF NEW ZEALAND

SC 21/2007
[2007] NZSC 41

BETWEENAUSTIN NICHOLS & CO INC
Appellant

ANDSTICHTING LODESTAR
Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:E C Gray and T J Walker for Appellant
B P Henry for Respondent

Judgment:7 June 2007 

JUDGMENT OF THE COURT

A    Leave to appeal is granted.

B    The approved grounds for appeal are:

1Whether the Court of Appeal’s formulation of the approach that the High Court should take on an appeal against a decision on registration of the Commissioner of Trade Marks was correct.

2If the Court’s answer to question 1 is “No”, what approach should have been taken by the High Court and how should the respondent’s appeal against the Assistant Commissioner’s decision in this case be determined?

Solicitors:
Simpson Grierson, Auckland for Appellant
Dennis J Gates, Whangaparoa for Respondent