Penfolds Wines v Elliott (1946) 74 CLR 204

Facts: Penfolds Wines, the plaintiff (Pl), was a winemaker with branded glass wine bottles that had the indentation: ‘this property belongs to Penfolds Wines’. Pl retained ownership of the bottles to reuse them. Under this arrangement, the purchaser of the wine could keep the bottle until the wine was consumed. Elliot, the defendant (D), was a licensee of a hotel in NSW. He would sell bulk wine to his customers by filling bottles that they brought to the hotel. D’s brother brought in two empty Pl’s bottles, D filled them with bulk wine, and then attempted to resell them to a third party. Pl sued D and sought injunction.

Want to read more?

Subscribe to casetreasury.com to keep reading this exclusive post.

Subscribe Now