Peters (WA) Ltd v Petersville Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND CALLINAN JJPETERS (WA) LTD   APPELLANTANDPETERSVILLE LTD & ANOR  RESPONDENTSPeters (WA) Ltd v Petersville Ltd [2001] HCA 459 August 2001P64/2000ORDER1.   Amend the style of the appellant to read "PB Foods Ltd".2.   Appeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentation:W S Martin QC with S M Standing for the appellant (instructed by Freehills)T F Bathurst QC with A I Tonking for the respondents (instructed by Minter Ellison)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPeters (WA) Ltd v Petersville LtdTrade practices – Restraint of trade – Sale of business – Appellant manufactured and sold ice cream products in Western Australia under the "Peters" marks – Respondents manufactured and sold ice cream products under the "Pauls" marks nationally and under the "Peters" marks in every State except Western Australia – Sale of respondents' Western Australian ice cream business to appellant – Sale agreement provided that the appellant be granted the exclusive right and licence to use the "Pauls" marks in Western Australia in return for percentage royalty – Sale agreement contained covenant restraining respondents from selling ice cream products in Western Australia – Restraint coextensive with duration of licensing arrangements but extended to ice cream products to which licensing arrangements not applicable – Whether restraint is one to which the common law restraint of trade doctrine applies.Trade practices – Restraint of trade – Circumstances in which the restraint of...