Kraft Foods Group Brands LLC v Bega Cheese Limited (No 5) [2018] FCA 1056

Kraft Foods Group Brands LLC v Bega Cheese Limited (No 5) [2018] FCA 1056

Discovery of documents relating to Bega's intention in packaging and advertising, style guides, brand books, and pre-2012 trade mark agreements is not warranted because intention is not a pleaded issue and such materials are irrelevant to the claims. Issues of agency and authority concerning the sale and purchase agreement are to be addressed with production of relevant agreements and, if required, further submissions limited to agency matters.

Jurisdiction
Australia
Judgment Date
13 July 2018
Procedural Posture
Discovery Application / Interlocutory Decision
Outcome
application for discovery refused in part
Legal Topics
['discovery' 'relevance of Documents' 'passing Off' 'misleading or Deceptive Conduct']
['commercial Law' 'corporations Law'] ['discovery' 'relevance of Documents' 'passing Off' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Discovery Application / Interlocutory Decision

Legal Issues

  1. 1 ['whether requested categories of documents are relevant to issues in dispute' 'whether intention behind packaging and advertising is relevant to passing off or misleading conduct claims' 'whether discovery should be ordered concerning sale and purchase agreement and agency issues']

Ratio Decidendi

Discovery of documents relating to Bega's intention in packaging and advertising, style guides, brand books, and pre-2012 trade mark agreements is not warranted because intention is not a pleaded issue and such materials are irrelevant to the claims. Issues of agency and authority concerning the sale and purchase agreement are to be addressed with production of relevant agreements and, if required, further submissions limited to agency matters.

Court Disposition

application for discovery refused in part

Orders

  • ["The applicants' application that the respondent discover the documents described in the categories of documents numbered [1]-[9], [10](a) and [12] is refused." 'The parties have leave to make any additional submissions they may wish to make about whether further discovery by the respondent is warranted on the...