Nutricia Australia Pty Ltd v NSW Food Authority [2007] NSWSC 861

New South Wales Supreme Court

CITATION : Nutricia Australia Pty Ltd v NSW Food Authority [2007] NSWSC 861

HEARING DATE(S) : 6/8/07, 7/8/07

JUDGMENT DATE : 8 August 2007

JUDGMENT OF : Bell J at 1

DECISION : In light of undertakings given by Nutricia Pty Ltd by its counsel in the terms noted in the judgment, the defendant by itself, its officers or agents is restrained until 20/8/07 from seizing or recalling the following goods produced by the Plaintiff - Karicare Gold Plus infant formula and Karicare Gold Plus follow-on formula.

CATCHWORDS : Interim injunction

LEGISLATION CITED : Food Act 2003

PARTIES : Nutricia Australia Pty Ltd (Plaintiff) NSW Food Authority (Defendant)

FILE NUMBER(S) : SC 30078/07

COUNSEL : Mr N Williams SC / Ms S Mirzabegian (Plaintiff) Mr M Joseph SC / Mr M Cahill (Defendant)

SOLICITORS : Gilbert & Tobin (Plaintiff) Moray & Agnew (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Wednesday 8 August 2007

30078/07 Nutricia Australia Pty Ltd (ACN 076 246 752 v New South Wales Food Authority

JUDGMENT 1 BELL J: On 7 August 2007 upon undertakings being given by the plaintiff, Nutricia Australia Pty Ltd (Nutricia), through its counsel I restrained the defendant, the New South Wales Food Authority (the Authority), from seizing or recalling products produced by Nutricia being Karicare Gold Plus Infant Formula and Karicare Gold Plus Follow-On Formula (the Karicare Gold Plus range) until 20 August 2007. These are my reasons for making that order. 2 The proceedings were commenced by summons filed in Court on 22 June 2007, which was returnable before the Equity Division Duty Judge on 26 June 2007. By its summons Nutricia seeks declaratory relief and an injunction restraining the Authority from seizing or otherwise interfering with the supply to customers of the Karicare Gold Plus range products.