Federal Court of Australia
Federal Court of Australia
Nutrafruit Pty Ltd v Fivefifty5 Super Foods Pty Ltd [2024] FCA 1218 File number: NSD 58 of 2024
Judgment of: JACKMAN J
Date of judgment: 14 October 2024
Catchwords: PRACTICE AND PROCEDURE – leave to withdraw an admission – where first to third respondents admitted that there have been at least 15,000 Queen Garnet trees on relevant property – where precise number of trees remains an issue in the proceedings – where no prejudice to the applicant
Legislation: Federal Court Rules 2011 (Cth) r 26.11(2)(b)
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 2
Date of hearing: 14 October 2024
Counsel for the Applicant: Mr A Lang SC and Ms S Ross
Solicitor for the Applicant: Hamilton Locke
Counsel for the First to Third Respondents: Mr H Bevan SC and Ms G Rubagotti
Solicitor for the First to Third Respondents: Kain Lawyers
Counsel for the Fourth Respondent: Mr M Hall SC
Solicitor for the Fourth Respondent: Gadens
ORDERS NSD 58 of 2024
BETWEEN: NUTRAFRUIT PTY LTD (ACN 138 385 154) Applicant
AND: FIVEFIFTY5 SUPER FOODS PTY LTD (ACN 634 947 738) First Respondent
MR ANTHONY ABRAHAM Second Respondent
MR FRANK BARILLARO (and others named in the Schedule) Third Respondent
order made by: JACKMAN J DATE OF ORDER: 14 OCTOBER 2024
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