The Real Thing Food Supplements CC v Media Tag Pty Ltd [2018] NSWSC 585

Supreme Court New South Wales

Medium Neutral Citation: The Real Thing Food Supplements CC v Media Tag Pty Ltd [2018] NSWSC 585 Hearing dates: 23 April 2018 Decision date: 03 May 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Proceedings dismissed with costs Catchwords: CONSUMER LAW — misleading or deceptive conduct — where plaintiff is a South African corporation — where defendant distributed plaintiff's products in Australia to Woolworths on a trial basis — where plaintiff and defendant then unable to agree on price for which defendant would purchase plaintiff's goods with a view to on sale in Australia to Woolworths — where defendant then manufactured similar products in Australia and sold to Woolworths — whether defendant thereby misleadingly or deceptively represented to Woolworths that its goods were those of the plaintiff — whether plaintiff had goodwill and reputation in Australia — whether Woolworths relied on any representation by defendant when purchasing goods from it

TORTS — passing off — whether defendant passed off its goods to Woolworths as those of the plaintiff — whether plaintiff had reputation in Australia — whether defendant represented to Woolworths that its goods were those of the plaintiff Legislation Cited: Australian Consumer Law Cases Cited: ConAgra Inc v McCain Foods (Aust) Pty Ltd (1992) 33 FCR 302 Dairy Vale Metro Co-operative Ltd v Brownes Dairy Ltd (1981) 35 ALR 494; [1981] FCA 63 Moroccanoil Israel Ltd v Aldi Foods Pty Ltd [2017] FCA 823 Category: Principal judgment Parties: The Real Thing Food Supplements CC (Plaintiff) Media Tag Pty Ltd (First Defendant) Graham Meyerowitz (Second Defendant) Mark Lasarow (Third Defendant) Representation: Counsel: R D Marshall SC with H P T Bevan (Plaintiff) A D B Fox (Defendants)