First Plaintiff v Defendant

(#_Ref17208055)

Cavalier

Cavalier Equestrian Inc.

(A former distributor of Bates Australia products in Canada)

(#_Ref17298376)

Weatherbeeta Group

The group of companies owned by the Bates, Bucknell and Kennard family interests in equal shares

(#_Ref17297708)

Millers Transition Agreement

An agreement between Bates Australia, Millers, and Weatherbeeta AU dated 11 September 1997 in respect of a transitional arrangement for the winding up of the distribution of Wintec and Weatherbeeta products

(#_Ref17297740)

Notice Period

The period of 1 November 2016 to 30 April 2017 in connection with the UK Termination Notice and the USA Termination Notice

(#_Ref17297689)

Millers

Millers Harness Company

(A former distributor of Bates Australia products in the United States of America)

(#_Ref17297859)

Side Letter

A letter from Bates Australia to the plaintiffs dated 28 October 2018 regarding the UK Termination Notice and USA Termination Notice

(#_Ref17207986)

Bates USA

Saddlery Brands International USA LLC

(A subsidiary of Bates Australia that became the distributor of Bates Australia products in the United States of America on and from 1 May 2017)

(#_Ref17297769)

Revised Payment Terms

A variation to the trading terms under the Distribution Agreements in or about approximately mid-2000 that Weatherbeeta UK and Weatherbeeta USA each pay Bates Australia for products ordered and accepted within 60 days (rather than within 30 days)

(#_Ref17298182)

UK Territory Term

An alleged term of the UK Agreement to the effect that Weatherbeeta UK would not sell Bates Australia's products outside the United Kingdom

(#_Ref17298361)

USA Trademarks Term

An alleged term of the USA Agreement to the effect that the trademarks on Bates Australia's products were the property of Bates Australia and any use of the trademark would be exclusively to the benefit of Bates Australia

(clause 11 of the alleged Standard Form Agreement)

(#_Ref17298057)

Standard Form Agreement

The 'standard form agreement' referred to and enclosed with the letter from Bates Australia to Mr A Bucknell dated 2 December 2016 and said to be used by Bates Australia when entering into distribution agreements with overseas distributors

(#_Ref17297668)

MAP policy

A policy regarding minimum advertised pricing said to be introduced by Weatherbeeta USA in about 1998

(#_Ref16772402)

UK Agreement

An agreement entered into from about 1995 between Bates Australia and Weatherbeeta UK in respect of the wholesale distribution of products in the United Kingdom

(#_Ref16778012)

UK Extinguishment Term

An alleged term of the UK Agreement to the effect that any termination of the UK Agreement would extinguish all rights of Weatherbeeta UK to act as a representative for Bates Australia in the United Kingdom or to use any trademarks or trade names in Bates Australia's possession

(clause 22(a) of the alleged Standard Form Agreement)

(#_Ref16778991)

Rushden Lease

An 11-year lease entered into by Weatherbeeta UK for a warehouse premises in Rushden in the United Kingdom

(#_Ref17297434)

Cavalier Invoice

The copy document described as an invoice issued by Cavalier to Weatherbeeta USA dated 30 August 2001 for the sum of $8,549.14