Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 6) [2007] FCA 2075

FEDERAL COURT OF AUSTRALIA

Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 6) [2007] FCA 2075 PRACTICE AND PROCEDURE – remitter by Full Court for further hearing in order to receive applicant's expert evidence held to have been wrongly rejected – motion by applicant seeking leave to conduct further consumer survey, orders that certain evidence of an applicant's witness given at earlier hearing be not admitted, that an applicant's witness be recalled for further re-examination, that certain passages from the evidence of some respondent's witnesses be not admitted and that they be available for further cross-examination – motion heard on the papers Federal Court of Australia Act 1976 (Cth) s 23 Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (2007)239 ALR 662 cited Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 2) [2007] FCAFC 102 cited Keith Hercules & Sons v Steedman (1987) 17 FCR 290 cited CADBURY SCHWEPPES PTY LTD v DARRELL LEA CHOCOLATE SHOPS PTY LTD VID 555 OF 2005

HEEREY J

21 december 2007

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 555 OF 2005

BETWEEN: CADBURY SCHWEPPES PTY LTD

Applicant

AND: DARRELL LEA CHOCOLATE SHOPS PTY LTD

Respondent

JUDGE: HEEREY J DATE OF ORDER: 21 december 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS AND DIRECTS THAT:

1. The applicant notify the respondent in writing by 31 January 2008 of such form objections, if any, which it may have to the affidavit of John Hall sworn 13 January 2006; 2. The respondent file and serve by 18 February 2008 its submissions in support of any application pursuant to ss 135 and/or 136 of the Evidence Act 1995 (Cth) that the Court refuse to admit, or limit the use to be made of, the evidence of Professor Gibbs and Messrs Riches and Stavros; 3. The applicant file and serve by 3 March 2008 its submissions in response to any such submissions as are made under order 2; 4. The applicant, in consultation with the respondent, compile any additions to the Court Book and file two copies with the Court and serve one copy on the respondent by 7 March 2008; 5. The motion of the applicant by notice dated 7 December 2007 is otherwise dismissed; 6. The applicant pay the respondent's costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA