On 25 February 2021, the Honourable Justice McDonald of the Supreme Court of Victoria handed down judgment in Fonterra Brands (Australia) Pty Ltd v Bega Cheese Ltd  VSC 75.
Young’s List barrister Jonathan Davis QC appeared for Bega Cheese Ltd in its successful defence of Fonterra’s claim.
The decision considers issues including:
- the principles for construction of contract and, in particular, the proper construction of the trademark licence agreements which were the subject of claim;
- the principles for rectification of contracts and whether those trademark licence agreements should be rectified; and
- whether, on Fonterra’s construction of those agreements, they constituted contracts in restraint of trade.
McDonald J rejected the construction of the agreements for which Fonterra contended and dismissed its claim for their rectification.
To brief Jonathan Davis QC, please contact Tammy Young on +61 3 9225 6777, or after hours on +61 (0)414 523 515.