Cultivaust Pty Ltd v Grain Pool Pty Ltd [2004] FCA 638

FEDERAL COURT OF AUSTRALIA

Cultivaust Pty Ltd v Grain Pool Pty Ltd [2004] FCA 638

INTELLECTUAL PROPERTY – Plant variety rights and plant breeder's rights – whether the Grain Pool of Western Australia's conduct contravened the applicants' rights under the Plant Variety Rights Act 1987 (Cth) (PVR Act) and the Plant Breeder's Rights Act 1994 (Cth) (PBR Act) – the interaction of the PVR Act and the PBR Act – the protection afforded under the PVR Act and the PBR Act – consideration of ss 11, 14, 15, 17, 18, 19 of the PBR Act CONTRACT – whether Cultivaust and the Grain Pool of Western Australia entered into a contract or reached an agreement concerning the payment of production levies and/or end point royalties ESTOPPEL – estoppel by conduct – whether the Grain Pool of Western Australia is estopped by its conduct from denying the applicants' claims EQUITY – fiduciary relationship – whether there existed a fiduciary relationship between Cultivaust and the Grain Pool of Western Australia TRADE PRACTICES – whether the Grain Pool of Western Australia unlawfully attempted to reach an understanding with other statutory grain marketing boards about the level of any production levy or end point royalty to be paid in respect of Franklin barley

Acts Interpretation Act 1901 (Cth) ss 7, 8, 9 Judiciary Act 1903 (Cth) ss 39B(1A)(c), 79 Plant Variety Rights Act 1987 (Cth) ss 5(b), 6, 9, 12, 22, 26, 27, 38, 40, 41 Plant Breeder's Rights Amendment Act 2002 (Cth) Plant Breeder's Rights Act 1994 (Cth) ss 3, 10(a), 11, 14, 15, 16, 17, 18, 19, 23, 53, 54, 56(3), 78, 81, 82, 83, 84 Primary Industries and Energy Legislation Amendment Act (No 2) 1989 (Cth) Trade Practices Act 1974 (Cth) ss 45, 45A(1), 76(1) Grain Marketing Act 1975 (WA) ss 6(1), 7, 22, 22A, 24, 29, 31 Grain Marketing Act 2002 (WA) ss 45, 46, Sch 1 Limitation Act 1935 (WA) ss 38, 47A Limitations of Actions Act 1936 (SA) ss 35, 48