Eveready Australia Pty Ltd v Gillette Australia Pty Ltd [1999] FCA 1379

FEDERAL COURT OF AUSTRALIA

Eveready Australia Pty Ltd v Gillette Australia Pty Ltd [1999] FCA 1379 PRACTICE and PROCEDURE – application for order that respondent not entitled to rely on expert evidence criticising survey evidence of applicant – respondent failed to comply with the requirements of Federal Court Practice Note 11 – whether evidence should be rejected before trial - case management principles not to override the interests of justice EVIDENCE – survey evidence – form and methodology – expert evidence going to weight and admissibility of survey evidence TRADE PRACTICES – allegations in principal proceeding of misleading and deceptive conduct, misrepresentations and false advertising – Trade Practices Act 1974 (Cth) ss 51A, 52, 87 – where interlocutory relief has been refused Trade Practices Act 1974 (Cth) ss 51A and 52 Eveready Australia Pty Ltd v Gillette Australia Pty Ltd [1998] FCR 1588, cited Arnotts Ltd v Trade Practices Commission (1990) 24 FCR 313, cited Ritz Hotel Ltd v Charles of the Ritz Ltd (1988) 15 NSWLR 158, cited Gas Corporation v Phasetwo Nominees Pty Limited (1998) ATPR 41-644, cited Bomanite Pty Limited v Slatex Corp Aust Pty Ltd (1991) 32 FCR 379, cited Lenijamar Pty Limited v AGC (Advances) Ltd (1990) 27 FCR 388, cited State of Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146, applied EVEREADY AUSTRALIA PTY LIMITED v

GILLETTE AUSTRALIA PTY LIMITED NG 1205 OF 1998 TAMBERLIN J SYDNEY 7 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1205 OF 1998

BETWEEN: EVEREADY AUSTRALIA PTY LIMITED

(ACN 003 539 026)

Applicant

AND: GILLETTE AUSTRALIA PTY LIMITED

(ACN 000 011 914)

Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 7 OCTOBER 1999