Annova Pty Limited v Wholesale Brands Pty Ltd [2015] NSWSC 1391

Supreme Court New South Wales

Medium Neutral Citation: Annova Pty Limited v Wholesale Brands Pty Ltd [2015] NSWSC 1391 Hearing dates: 7 and 8 September 2015 Decision date: 08 September 2015 Jurisdiction: Equity Before: Hallen J Decision: See Paragraph 56 Catchwords: PRACTICE AND PROCEDURE – Interlocutory injunction – Application to restrain Defendants from making representations that a pram that it sold meets or complies with one or more of the Australian Safety Standards – Allegedly false representations – Serious question to be tried not in dispute – Whether balance of convenience favours granting interlocutory injunction at least until receipt of single expert report – Whether damages an adequate remedy – Question of utility of Plaintiff's undertaking as to damages

COSTS – Whether costs of interlocutory application should be determined at conclusion of the interlocutory hearing – Ordered that costs of the interlocutory hearing should be reserved until following receipt of the single expert report at which time the application for costs may be made Legislation Cited: Competition and Consumer Act 2010 (Cth) Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: 1st Fleet Pty Ltd v Australian Cooperative Foods Ltd [2006] NSWSC 881 Ashton Manufacturing Pty Ltd v Express Sign Labs Pty Ltd [2015] FCA 975 Attorney-General v Knight [2014] VSC 549 Dibeek Holdings Pty Ltd v Notaras (1998) 143 FLR 132 Iscorp Investments Pty Limited v Yohana [2011] NSWSC 17 NWL Ltd v Woods [1979] 1 WLR 1294 O'Keeffe Nominees Pty Ltd v BP Australia Ltd (No 2) (1995) 55 FCR 591 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; (2011) 286 ALR 257 World Series Cricket Pty Ltd v Parish (1977) 16 ALR 181 Category: Procedural and other rulings Parties: Annova Pty Limited (Plaintiff) Wholesale Brands Pty Ltd (first Defendant) Anthony James Schmiede (second Defendant) Tamara Marie Schmiede (third Defendant) Representation: Counsel: Mr D Favell (Defendants)