Restraint still on wine firm
PA Auckland An application to set aside an interim order restraining Penfolds Wines (N.Z.), Ltd, from using imported grape concentrate has been declined by Mr Justice Barker. His Honour made the ruling in a reserved judgment in the Supreme Court at Auckland. The interim order was granted late last month after an application by four leading wine producers, Corbans, Cooks, Montana and McWilliams. Penfolds then sought to have the interim order set aside. In his ruling, his Honour said: “The defendants (Penfolds) contend that they are
I| quite entitled to import the (grape juice concentrate be- ; cause their intention is to use it purely as a substitute J for liquid sugar. I “The basic contention of ' the plaintiffs is that the i defendants are in breach of ■Sections 149 and 150 of the ■ Sale of Liquor Act, 1962. J “As competitors of the i defendants, they claim the are stealing an! ■ (unfair march on them and . they also express concern! ,I that the end-products could( ( not be classified as New I (Zealand wine.” His Honour said he needed! , only to consider whether (there was established a •(prima facie breach of statnute.
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Press, 16 April 1979, Page 7
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196Restraint still on wine firm Press, 16 April 1979, Page 7
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