Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Flogineering Pty Ltd v Blu Logistics SA Pty Ltd [2018] FCA 1479 File number(s): QUD 883 of 2016
Judge(s): GREENWOOD acJ
Date of judgment: 28 September 2018
Catchwords: PRIMARY INDUSTRY – consideration of the regulatory arrangements established under the National Measurement Act 1960 (Cth) concerning the approval of a pattern (design) for a milk flowmetering system for the accurate measurement of the transfer of milk from the refrigerated vat on a dairy farm to a transport tanker and from the tanker to the storage vats of a milk processor – consideration of the conditions of approval of the pattern – consideration of the provisions of the Act relating to examination and approval of patterns, verification of compliance of instruments with the relevant requirements, certification and use – consideration of whether the affixing of an approval number to particular measuring instruments without the approval of the applicant engages misleading or deceptive conduct or conduct likely to mislead or deceive and whether such conduct amounts to passing off STATUTES – consideration of a wide range of provisions of the National Measurement Act 1960 (Cth) and the Regulations made under that Act
Legislation: Competition and Consumer Act 2010 (Cth), schedule 2, ss 18, 29, 232, 236 National Measurement Act 1960 (Cth), ss 3, 4, 7, 7A, 17, 18, 18A, 18C, 18D, 18GA, 18GB, 18GE, 18GG, 18GH, 18GJ, 18GK 19A, 19AAB, 19B, 20 National Measurement Regulations 1999 (Cth), 5, 35, 36, 37, 42, 58, 59, 60, 61, 63 Cases cited: Campomar Sociedad Limitada v Nike International Ltd (2000) 202 CLR 45 Conagra Inc v McCain Foods (Aust) Pty Ltd (1992) 33 FCR 302 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216 Lumley Life Ltd v IOOF of Victoria Friendly Society (1989) 16 IPR 316 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 SAP Australia Pty Ltd v Sapient Australia Pty Ltd (1999) 169 ALR 1 Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 Date of hearing: 30 October 2017 and 31 October 2017
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