Federal Court Decision - Buchanan Turf Supplies Pty Ltd vs Premier Turf Supplies Pty Ltd [2003] FCA 230 (March 2003)
Buchanan Turf Supplies Pty Ltd, the owner of PBR in ‘Sir Walter’ variety of buffalo grass, undertook proceedings in the Federal Court alleging that Premier Turf Supplies Pty Ltd was misrepresenting the turf it was supplying as being ‘Sir Walter’ when it was not. Misleading and deceptive conduct was alleged pursuant to section 52 of the Trade Practices Act 1974 (Cwth) (the TPA) and for breach of section 53(1)(c) of the Plant Breeder’s Rights Act 1994 (the PBR Act). Buchanan Turf Supplies Pty Ltd sought injunctive relief and damages, including exemplary damages.

On 25 March 2003 Hely J handed down the decision in the Federal Court that there had been infringement of section 53(1)(c) of the PBR Act as well as contravention of section 52 of the TPA. Hely J ordered that Premier Turf Supplies be restrained from representing that they were authorised to sell ‘Sir Walter’ and from representing to anyone that other grass turf sold by them was of the ‘Sir Walter’ variety. Hely J dismissed the claim for damages because insufficient evidence was presented to assess the loss to Buchanan Turf Supplies Pty Ltd. There was no claim for loss of reputation or goodwill.