Unilever Australia Ltd v PB Foods Ltd

Unilever Australia Limited brought an action against PB Foods Limited, alleging infringement of trade marks. PB Foods Limited subsequently applied to have the proceedings dismissed on the basis of an alleged failure by Unilever Australia Limited to comply with a disclosure order. Cadbury Limited, a party with an interest in the proceedings, then sought to set aside certain orders made by the Court in relation to the matter. The Court was required to determine whether it should grant leave to amend the statement of claim, set aside certain orders made by the Court, and determine who should bear the costs of the proceedings.

The Court considered the legal issues before it and found that leave should be granted to Unilever Australia Limited to amend its statement of claim. The Court held that the orders made by the Court were appropriate and should not be set aside. The Court also considered the issue of costs and determined that Cadbury Limited should pay the costs of Unilever Australia Limited of the hearing of the motion on 23 May 2000, and that Unilever Australia Limited should pay the costs of Cadbury Limited of the motion prior to the hearing on 23 May 2000. The Court found that the application by Cadbury Limited to set aside the orders made by the Court was without merit.