Nutrafruit Pty Ltd v Fivefifty5 Super Foods Pty Ltd [2024] FCA 1218

Nutrafruit Pty Ltd v Fivefifty5 Super Foods Pty Ltd [2024] FCA 1218

Leave is granted to withdraw the admission because the number of trees remains genuinely in issue, the figures previously admitted were only estimates, and there is no prejudice to the applicant.

Parties
Applicant: Nutrafruit Pty Ltd; First Respondent: Fivefifty5 Super Foods Pty Ltd; Second Respondent: Mr Anthony Abraham; Third Respondent: Mr Frank Barillaro; Fourth Respondent: Centuria Property Funds Limited No 3 Limited; Fifth Respondent: The State of Queensland acting through the Department of Agriculture and Fisheries
Jurisdiction
Australia
Judgment Date
14 October 2024
Procedural Posture
Interlocutory Application / Application to Withdraw Admission
Outcome
Leave granted to first to third respondents to withdraw the admission.
Legal Topics
Leave to Withdraw Admission, Defence Amendment, Patents and Associated Statutes
Practice and Procedure Intellectual Property Leave to Withdraw Admission Defence Amendment Patents and Associated Statutes

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Parties

Nutrafruit Pty Ltd

Applicant

Fivefifty5 Super Foods Pty Ltd

First Respondent

Mr Anthony Abraham

Second Respondent

Mr Frank Barillaro

Third Respondent

Centuria Property Funds Limited No 3 Limited

Fourth Respondent

The State of Queensland acting through the Department of Agriculture and Fisheries

Fifth Respondent

Procedural Posture

Interlocutory Application / Application to Withdraw Admission

Legal Issues

  1. 1 Whether leave should be granted to the first to third respondents to withdraw an admission regarding the number of Queen Garnet trees on the relevant property

Ratio Decidendi

Leave is granted to withdraw the admission because the number of trees remains genuinely in issue, the figures previously admitted were only estimates, and there is no prejudice to the applicant.

Court Disposition

Leave granted to first to third respondents to withdraw the admission.

Orders

  • Leave be granted to the first, second and third respondents to withdraw the admission in the first sentence of paragraph 17 of the defence filed on 17 April 2024, and to file the defence in the form annexed to pages 140 to 152 of exhibit LJC5 to the affidavit of Lauren Jade Crosby, sworn 8 October 2024.
  • The costs of the interlocutory application dated 8 October 2024 be costs in the cause.