Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 2) [2006] FCA 364

Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 2) [2006] FCA 364

The affidavit of Ms Shelton and associated survey evidence is admissible as it falls within the hearsay exception in s 72, the requirements of s 190(3) are satisfied, and its probative value is not clearly outweighed by any prejudice or confusion per s 135; non-compliance with Practice Note 11 does not render it inadmissible.

Parties
Applicant: Cadbury Schweppes Pty Ltd; Respondent: Darrell Lea Chocolate Shops Pty Ltd
Jurisdiction
Australia
Judgment Date
31 March 2006
Procedural Posture
Civil Proceeding / Admissibility Ruling on Evidence
Outcome
evidence admitted
Legal Topics
Survey Evidence, Hearsay Rule, Admissibility of Evidence, Trade Practices Act, Passing Off
Evidence Law Competition Law Tort Law Survey Evidence Hearsay Rule Admissibility of Evidence Trade Practices Act Passing Off

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Parties

Cadbury Schweppes Pty Ltd

Applicant

Darrell Lea Chocolate Shops Pty Ltd

Respondent

Procedural Posture

Civil Proceeding / Admissibility Ruling on Evidence

Legal Issues

  1. 1 Whether survey evidence is admissible under the hearsay rule and relevant exceptions
  2. 2 Whether the court should exercise its discretion to exclude the survey evidence under s 135 of the Evidence Act
  3. 3 Whether non-compliance with Practice Note 11 affects admissibility

Ratio Decidendi

The affidavit of Ms Shelton and associated survey evidence is admissible as it falls within the hearsay exception in s 72, the requirements of s 190(3) are satisfied, and its probative value is not clearly outweighed by any prejudice or confusion per s 135; non-compliance with Practice Note 11 does not render it inadmissible.

Court Disposition

evidence admitted

Orders

  • The affidavit of Caroline Judy Shelton and exhibits thereto will be admitted into evidence.