Cantarella Bros Pty Ltd v Valcorp Fine Foods Pty Ltd [2002] FCA 8

FEDERAL COURT OF AUSTRALIA

Cantarella Bros Pty Ltd v Valcorp Fine Foods Pty Ltd [2002] FCA 8

TRADE PRACTICES – misleading or deceptive conduct – advertising of coffee in Retail World magazine addressed to supermarkets and other grocery outlets – advertisements asserting best seller status with a view to persuading readers to stock respondent's LavAzza coffee in preference to applicant's Vittoria coffee – whether facts demonstrated that the proper constructions of the advertisements conveyed false representations

Trade Practices Act 1974 (Cth) s 52

CRW Pty Ltd v Sneddon [1972] AR (NSW) 17 referred to Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 referred to Annand & Thompson Pty Ltd v Trade Practices Commission (1979) 40 FLR 165 referred to 10th Cantanae Pty Ltd v Shoshana Pty Ltd (1987) 79 ALR 299 referred to Campomar Sociedad Limitada v Nike International Ltd (2000) 202 CLR 45 followed Telstra Corp Ltd v Cable & Wireless Optus Ltd [2001] FCA 1478 followed

CANTARELLA BROS PTY LIMITED (ACN 000 095 607) v VALCORP FINE FOODS PTY LIMITED (ACN 064 664 044) N 906 OF 2000 LINDGREN J 11 JANUARY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 906 OF 2000

BETWEEN: CANTARELLA BROS PTY LIMITED

(ACN 000 095 607)

APPLICANT/CROSS-RESPONDENT

AND: VALCORP FINE FOODS PTY LIMITED

(ACN 064 664 044)

RESPONDENT/CROSS-CLAIMANT

JUDGE: LINDGREN J

DATE OF ORDER: 11 JANUARY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be stood over to 11 February 2002 at 9.30 am for the making of orders (including orders as to costs). 2. The parties provide to the Associate to Lindgren J by 8 February 2002 an agreed form of the orders to be made, or, if agreement has not been reached by then, with the forms of orders for which they will respectively contend. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.