Capital Foods Pty Ltd (ACN 008 107 382) and Anor v Gourmet Imports Australia Pty Ltd (ACN 060 783 315) and Anor [1996] FCA 979

Capital Foods Pty Ltd (ACN 008 107 382) and Anor v Gourmet Imports Australia Pty Ltd (ACN 060 783 315) and Anor [1996] FCA 979

There was, on affidavit evidence, a contract making the first applicant exclusive distributor of Cannamela's products in Australia until 31 December 1996, and that contract was breached. Judgment entered for the first applicant for damages to be assessed. Second respondent's cross-claim dismissed for failure to appear and prosecute its case.

Parties
First Applicant: Capital Foods Pty Ltd (ACN 008 107 382); Second Applicant: Brands Pty Ltd (ACN 060 783 315); First Respondent and First Cross Applicant: Gourmet Imports Australia Pty Ltd (ACN 072 232 476); Second Respondent and Second Cross Applicant: Cannamela SRL; First Cross Respondent to Second Cross Application: Capital Foods Pty Ltd (ACN 008 107 382); Second Cross Respondent to Second Cross Application: Brands Pty Ltd (ACN 060 783 315)
Jurisdiction
Australia
Judgment Date
01 November 1996
Procedural Posture
Civil / Post Interlocutory, Judgment on Claims and Cross Claims
Outcome
Judgment for the first applicant against the second respondent for breach of contract; cross-claim by second respondent dismissed; costs orders made.
Legal Topics
Breach of Exclusive Distributor Agreement, Security for Costs, Dismissal for Non Appearance, Assessment of Damages
Contract Breach of Exclusive Distributor Agreement Security for Costs Dismissal for Non Appearance Assessment of Damages

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Parties

Capital Foods Pty Ltd (ACN 008 107 382)

First Applicant

Brands Pty Ltd (ACN 060 783 315)

Second Applicant

Gourmet Imports Australia Pty Ltd (ACN 072 232 476)

First Respondent and First Cross Applicant

Cannamela SRL

Second Respondent and Second Cross Applicant

Capital Foods Pty Ltd (ACN 008 107 382)

First Cross Respondent to Second Cross Application

Brands Pty Ltd (ACN 060 783 315)

Second Cross Respondent to Second Cross Application

Procedural Posture

Civil / Post Interlocutory, Judgment on Claims and Cross Claims

Legal Issues

  1. 1 Whether there was a contract appointing Capital Foods Pty Ltd as exclusive distributor for Cannamela SRL in Australia until 31 December 1996.
  2. 2 Whether Cannamela SRL breached that contract.
  3. 3 Whether the second respondent's cross-claim should be dismissed for failure to appear or comply with security for costs order.

Ratio Decidendi

There was, on affidavit evidence, a contract making the first applicant exclusive distributor of Cannamela's products in Australia until 31 December 1996, and that contract was breached. Judgment entered for the first applicant for damages to be assessed. Second respondent's cross-claim dismissed for failure to appear and prosecute its case.

Court Disposition

Judgment for the first applicant against the second respondent for breach of contract; cross-claim by second respondent dismissed; costs orders made.

Orders

  • Second cross-claim dismissed under O32 r2(1)(c) Federal Court Rules.
  • Second cross-claimant (Cannamela SRL) to pay applicants' costs on the cross-claim.