26 Dec 2011

MR MARTIN: The background is that prior to 1980 there were, amongst other brands, two substantive brands of ice-cream being marketed in the country, one under the name Peters, the other under the name Pauls.

KIRBY J: Was there a quality differential? Was Pauls not a more high class sort of ice-cream than Peters?

MR MARTIN: Different views were held by different consumers on that subject, I think, your Honour, and there is no evidence bearing directly on that.

KIRBY J: You do not have any samples for us?

MR MARTIN: No, I am afraid not, your Honour.

Peters (WA) Ltd v Petersville Ltd and Peters Foods Australia Pty Ltd P64/2000 [2001] HCATrans 19 (14 February 2001).

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