2012 IPSANZ Annual Conference Seminar ... - List G Barristers

Parkdale v Puxu (1982) 149 CLR 191
Parkdale v Puxu considered by NZ Court of Appeal in
Taylor Bros Ltd v Taylors Group Ltd [1988] 2 NZLR 1:
NZCA:
• Noted differing approaches of Federal and High Court
• Saw “great force” in Mason J’s approach not to read down
s 52 by reference to patents and designs legislation
• Explained different verdicts in Parkdale as essentially
factual, not legal
• Doubted whether HCA’s decision gives rise to a general
principle that a manufacturer avoids s 52 by selling an
identical product properly labelled