Kraft Foods Group Brands LLC v Bega Cheese Limited (No 6) [2018] FCA 1277

Kraft Foods Group Brands LLC v Bega Cheese Limited (No 6) [2018] FCA 1277

Leave to amend should be granted as the new claims are arguable, arise from evidence already before the Court, and justice requires their determination in this proceeding. The resultant delay and costs can be accommodated within the ordinary tolerances of litigation, and costs thrown away are to be paid by the applicants.

Parties
First Applicant: Kraft Foods Group Brands LLC; Second Applicant: H.J. Heinz Company Australia Limited; Respondent: Bega Cheese Limited
Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Commercial and Corporations Regulator and Consumer Protection / Interlocutory Application for Leave to Amend Statement of Claim During Trial
Outcome
Application to amend statement of claim allowed; trial dates vacated and adjourned; applicants to pay respondent's costs thrown away by the amendments; parties to confer on further directions.
Legal Topics
Amendment of Pleadings, Trade Mark Infringement, Misleading or Deceptive Conduct, Passing Off, Breach of Contract
Practice and Procedure Intellectual Property Consumer Law Contract Amendment of Pleadings Trade Mark Infringement Misleading or Deceptive Conduct Passing Off +1 more

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Parties

Kraft Foods Group Brands LLC

First Applicant

H.J. Heinz Company Australia Limited

Second Applicant

Bega Cheese Limited

Respondent

Procedural Posture

Commercial and Corporations Regulator and Consumer Protection / Interlocutory Application for Leave to Amend Statement of Claim During Trial

Legal Issues

  1. 1 Whether leave should be granted to applicants to amend the statement of claim during trial to add further claims
  2. 2 Whether the amendments would cause undue prejudice, delay or injustice to the respondent
  3. 3 Whether the new claims are arguable and arise from circumstances already in evidence

Ratio Decidendi

Leave to amend should be granted as the new claims are arguable, arise from evidence already before the Court, and justice requires their determination in this proceeding. The resultant delay and costs can be accommodated within the ordinary tolerances of litigation, and costs thrown away are to be paid by the applicants.

Court Disposition

Application to amend statement of claim allowed; trial dates vacated and adjourned; applicants to pay respondent's costs thrown away by the amendments; parties to confer on further directions.

Orders

  • The applicants have leave to file and serve a third further amended statement of claim substantially in the form filed.
  • The applicants pay the costs of the respondent thrown away by reason of the amendments.