South Australian Brewing Company Pty Ltd v Carlton & United Breweries Ltd [2001] FCA 994

FEDERAL COURT OF AUSTRALIA

The South Australian Brewing Company Pty Ltd v Carlton & United Breweries Ltd [2001] FCA 994 Trade Practices Act 1974 (Cth) THE SOUTH AUSTRALIAN BREWING COMPANY PTY LIMITED v CARLTON & UNITED BREWERIES LIMITED S 41 OF 2001 MANSFIELD J ADELAIDE 24 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 41 OF 2001

BETWEEN: THE SOUTH AUSTRALIAN BREWING COMPANY PTY LIMITED (ACN 007 065 267)

AND: APPLICANT

CARLTON & UNITED BREWERIES LIMITED

(ACN 004 056 106)

RESPONDENT

AND: CARLTON & UNITED BREWERIES LIMITED

AND: (ACN 004 056 106)

CROSS CLAIMANT

THE SOUTH AUSTRALIAN BREWING COMPANY PTY LIMITED (ACN 007 065 267)

CROSS RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 24 JULY 2001

WHERE MADE: ADELAIDE

The Court notes the undertaking given by the respondent by its counsel that :

1. On or before 4.00 pm on Tuesday, 31 July 2001, it will take all available steps to collect, for the purposes of destruction, from the retailers to whom it has sent promotional material and/or packaged beer featuring the photograph referred to in paragraph 1(b) of the orders made on 13 July 2001 all such promotional material and/or packaged beer.

2. On or before Friday 2 August 2001, it will file and serve an affidavit sworn by an officer with knowledge of and fully detailing the steps taken by the respondent pursuant to paragraph 1 above together with the respondent's estimates of the respective quantities of cartons and associated promotional material which have been retrieved from retailers, which remain with retailers and, in the case of packaged beer, which have been sold by retailers to customers. THE COURT ORDERS THAT : 1. The respondent, Carlton & United Breweries Limited pay to the applicant, The South Australian Brewing Company Pty Limited, 25 per cent of the costs of the application generally incurred subsequent to 15 May 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.