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George Frederick v Council – infringement patented top-dressing for wood-block pavements, 1893-1898

Description

Unique IDA-00453043SeriesCity Solicitor's Packets, 1834-1977 [Municipal Council of Sydney / City of Sydney]DateBetween 1st June 1893 and 31st January 1898Date qualifierexactFormatLoose PapersDescriptionFrederick George v Council, NSW Supreme Court of NSW in Equity Case No 7522, and motion to dismiss the suit heard 19 December 1896. Frederick alleged Council had infringed his method of top-dressing wood block roadways patented in 1893. Case defended for council by GC Waldron, City Solicitor, and F Leverrier. Acting for Frederick were JA Thompson initially and subsequently TE Cresswell, and at one time H Montgomerie Hamilton. Council challenged the validity of the patent, denied using Frederick’s method or composition, and stated Council had been using the same or similar methods for many years prior to the issuance of Frederick’s patent. Frederick failed to prosecute the suit and the Court allowed it to be dismissed with costs awarded to Council but without prejudice to Frederick if he commenced a fresh suit within a specified period.

Legal papers include listings of appearances; statement of claim; expert reports from Norman Selfe; brief for the defence; instructions for statement of defence; drafts of particulars of objections, statement of defence and notice of appeals; particulars of objections; brief for defendants in support of motion to dismiss; brief on objection to taxation; expert reports by Norman Selfe, response by Frederick, response by Selfe to Frederick and report by RW Richards. Judge’s order by AH Simpson; appointment to tax; lists of costs to Council; draft and affidavit of John Morris Edwards, clerk to GC Waldron. Invoices and receipts for payment to Norman Selfe, consulting engineer; Miss S Warburton, 15 L’Avenue Newtown for typing; William Henry Trenbath for serving legal papers. Letter from the Sheriff’s Department stating lack of power to sell Frederick’s patent.

Report from NSW Trade Protective Institute on financial situation of Frederick, June 1896.

Papers relating to the patent: copy of Letters Patent 4812, 30 December 1893, registered 5 Sep 1894, by JB O’Connor, Examiner of patents; papers created by Frederick relating to the specification and granting of patent; memo by RW Richards to the Town Clerk rejecting the claim of infringement.

Papers relating to Wood pavement and top dressing: memos and reports by RW Richards, City Surveyor, WM Gordon Acting City Surveyor and Theo Erry, Corporation Depot Kent Street; lists of dates and locations for streets treated with tar top dressing by contractors to Council between 1881-1893; report ‘Wood Pavements in Sydney 1880-1893’ by RW Richards, published by Government Printer 1895. Issues of Sydney Morning Herald: March 12, 1894; March 26, 1894.

List of contracts for tar paving etc for Council is contained in complete typed ‘Brief for Defendants’ on pages 9-18 to prove “The said alleged invention was previous to the said letters Patent in use in the Colony of NSW by the persons and the times and places following … “.

Contractors named and year of work:
Michael Leeds 1880, 1881, David Davis 1882, Walton Pell 1882, Thomas Willmott and Michael Thomas Morgan 1883, 1885, Rock Pavement Company (H Barclay manager) 1883-4, William Greenwood 1885, 1886, 1887, 1888-89, 1889, 1889, 1889-90, 1892-93, 1893, 1894, William Gallagher 1884, Thomas Willmott junior and Michael Thomas Morgan 1885, 1886, 1888, 1889, 1892, Thomas Willmott and William Thomas Morgan 1893, Charles Grocock 1884, 1885, 1887, 1888, 1888, 1888, James Morgan 1886, Robert B Chambers and Charles Grocock 1890, 1890-91, 1891, 1892-3, 1893, 1893, 1893, Clarke & Co 1890, 1892, 1892, Edward Flowers and Walker Lane 1892, 1893, John J Rouan 1882, Edward Eagar 1881, 1885, 1885, 1888, 1888, 1890, Adam Sharpe 1884, George Frederick (plaintiff) 1893, Salmond & Denne 1886, 1886-7, FM Gummon 1887, John Walton 1883.LanguageEnglish (eng)Digitised recordNoBorn digital itemNo

Characteristics

Colour depthColour

Access

Public access statusOpen to public accessPublic access notePlease acknowledge the City of Sydney Archives.

Identification

Source system ID56/006

Data Quality

Authenticity & integrityThese are the original City Solicitor's Packets of the Municipal Council of Sydney. The records have been held in the Council’s custody and have a high level of authenticity. Users should be aware that these are historical records and the language used within the records was the language of the time it was captured, and may not reflect current community values or expectations.

Relationships

OrganisationSydney City Council

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George Frederick v Council – infringement patented top-dressing for wood-block pavements, 1893-1898