An Australian court has ruled in favour of Pink Lady America in a case against Apple and Pear Australia (APAL) involving the supply of Chilean-grown Pink Lady apples into North America.
The class action centred around the conditions of a deal that would allow Pink Lady America to control trade between Chile and North America for the apple variety, to which APAL holds the intellectual property rights.
The Victorian Supreme Court heard that while the deal was never officially signed, a firm agreement was in place.
“It is the view of the court that as a general principle, where parties form an agreement and proceed on the basis of that agreement whether it is written, oral or evidenced by conduct, the law will recognise and give effect to that agreement,” Justice Clyde Croft concluded, according to ABC Rural. 'I am in fact satisfied that the parties did in fact reach an agreement in the form pleaded by Pink Lady America.”
The case is scheduled to resume later this month, when damages and an outline for future trade operations will be determined. ABC Rural reported that Justice Croft has encouraged both parties to seek mediation in the meantime.
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