Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 6) [2007] FCA 2075

Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 6) [2007] FCA 2075

Leave to conduct further consumer survey is refused and contested orders sought by the applicant are denied, as the remitter does not permit new evidence unrelated to wrongly rejected evidence; procedural directions and timetabling for objections and submissions are made; costs ordered against applicant.

Parties
Applicant: Cadbury Schweppes Pty Ltd; Respondent: Darrell Lea Chocolate Shops Pty Ltd
Jurisdiction
Australia
Judgment Date
21 December 2007
Procedural Posture
Motion / Post Remitter, Interlocutory Orders Prior to Further Hearing
Outcome
Orders made; applicant's motion otherwise dismissed; costs order against applicant
Legal Topics
Admissibility of Evidence, Expert Evidence, Consumer Surveys, Cross Examination, Interlocutory Orders
Practice and Procedure Admissibility of Evidence Expert Evidence Consumer Surveys Cross Examination Interlocutory Orders

Case Brief

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Parties

Cadbury Schweppes Pty Ltd

Applicant

Darrell Lea Chocolate Shops Pty Ltd

Respondent

Procedural Posture

Motion / Post Remitter, Interlocutory Orders Prior to Further Hearing

Legal Issues

  1. 1 Whether leave should be granted to conduct a further consumer survey
  2. 2 Admissibility of evidence previously rejected
  3. 3 Timetabling for objections and submissions regarding evidence

Ratio Decidendi

Leave to conduct further consumer survey is refused and contested orders sought by the applicant are denied, as the remitter does not permit new evidence unrelated to wrongly rejected evidence; procedural directions and timetabling for objections and submissions are made; costs ordered against applicant.

Court Disposition

Orders made; applicant's motion otherwise dismissed; costs order against applicant

Orders

  • The applicant notify the respondent by 31 January 2008 of form objections to the affidavit of John Hall sworn 13 January 2006.
  • The respondent file and serve by 18 February 2008 its submissions in support of any application under ss 135 and 136 of the Evidence Act 1995 (Cth) regarding evidence of Professor Gibbs and Messrs Riches and Stavros.