Kiwi Munchies Pty Ltd v Kraft Foods Holdings Inc

Kiwi Munchies Pty Ltd sought to introduce a new ground of opposition in proceedings against Kraft Foods Holdings Inc. The hearing officer, Terry Williams, considered whether to allow the introduction of this new ground under section 62 of the relevant legislation.

The primary legal issue before the hearing officer was whether to permit Kiwi Munchies Pty Ltd to amend its notice of opposition by adding a new ground. This decision hinged on whether the proposed ground was properly raised within the scope of section 62 and the weight to be given to evidence and submissions made by Kraft Foods Holdings Inc.

The hearing officer determined that the issue raised by Ms Paras on behalf of Kiwi Munchies Pty Ltd, concerning reservations about Kraft's evidence in post-acceptance opposition proceedings, did not fall within the scope of section 62. Furthermore, the hearing officer found that Kiwi Munchies Pty Ltd had overestimated the significance of Kraft's submissions and evidence at this stage of the proceedings. Consequently, the application to introduce the new ground under section 62 was refused. The hearing officer also noted that the question of further evidence had become largely moot due to this decision, and the parties might now be prepared to proceed with the opposition on the existing grounds.