In April, the NSW Supreme Court (Peden J) delivered judgment in Fonterra Brands (Australia) Pty Ltd v Bega Cheese Ltd [2025] NSWSC 395.
Fonterra and Bega are parties to licence agreements under which Fonterra is entitled to use certain Bega trade marks. In the proceedings, Fonterra sought declaratory relief that change of control clauses in those licence agreements would not be triggered by a proposed restructure and divestment of its Australian consumer business.
The Court held it did not have jurisdiction to make the declarations sought, and, even if it did, it would not be appropriate to exercise the discretion to do so, as the proposed restructure and transaction were not sufficiently certain or concrete, such that there would be no utility in ordering declaratory relief.
Christopher Murphy appeared for Bega Cheese Ltd (led by Garry Rich SC), instructed by Addisons.
A copy of the judgment is available here.
