NOT CONSIDERED SUITABLE FOR CIRCULATION IN THE FEDERAL COURT OF AUSTPALTIA NEW SOUTH WALES DISTPICT REGISTRY No. 359 af 1985 wee ew GENERAL DIVISTON BETWEEN : COBB & CO. CARPIERS PTY. LIMITED Applicant AND TRANSO INVESTMENTS PTY. LIMITED & ANOR. Respondent . MINUTE OF ORDERS Judge Making Order: Burchett J. Date of Order: 24 December 1985 , Where Made: Sydney THE COUPT ORDERS THAT: 1. The respondents and each of them be restrained from by themselves and their respective servants and agents or otherwise howsoever, circulating or publishing to any person that part of the report of the secretary/treasurer contained in the "Voice of the Transport Worker" dated September 1985 referring to the applicant, or any part of it, or any material contained in it, or any part of such materiai, or otherwise engaging, so as to cause harm to the applicant, in trade or commerce, in conduct that is misleading or deceptive or is likely to mislead or deceive. 2. The respondents and each of them be restrained from, bh: themselves and their respective servants and agents, or otherwise howsoever publishing the said material 6. contained 1n the said report or any part of it or any words to the same or similar effect. The respondents and each of tnem be restrained from, by themselves and their respective servants and agents, or otherwise howsoever directly or indirectly, using, exploiting, or disclosing tc any person any information the source of which is quotations issued by the applicant to its customers or potential customers or copires of such quotations. the pricing information of the applicant, or the applicant's records of the names, addresses and telephone numbers of drivers or customers for whom the applicant acts or procuring, instigating, permitting, or being party to the use, exploitation, or disclosure to any person of such information or any part thereof. The respondents be restrained from, by themselves and their respective servants and agents and otherwise howsoever, directly or indirectly, using, exploiting, or disclosing to any person any quotation issued by the applicant to its customers or potential customers, any document containing pricing information of the applicant, any document containing the names, addresses and telephone numbers of such drivers or any part thereof or being a party to the use, exploitation or disclosure to any person of any original or copy thereof or any part thereof. The respondents and each of them be restrained from, by themselves and their respective servants, agents and otherwise howsoever copying, reproducing or publishing or authorising the copying, reproduction or publication of or of any adaptation of the applicant's form of quotation, circular letter and memorandum being annexures "D", "E" and '"F" to the affidavit of Michael Edward Shields sworn on 2 December 1985 and filed herein. Costs to be applicant's costs in the cause. THE COURT DIRECTS THAT: 1. The applicant file and serve 2 statement of claim on or before 6th February 1986. Respondents to file and serve any statement of defence on or before 20th February 1986. Lists of documents be exchanged 14 days after defence is served. . Inspection take place within a further 14 days. . ates 3. Any interrogatories be administered within 14 davs of inspection. Interrogatories be answered within 14 days of delivery of interrogatories. This matter be listed for directions after the conclusion of these steps upon 7 days notice. Ypon default of notice, listed for directions at 9-30am on 17th April, 1986. Noted that 1. NOTE: Exhibits may be handed out. Exhibits A and C to be handed out to the solicitors for the applicants. Mr. Rowling continues the undertakings as to damages. Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. 359 of 1985 wee GENERAL DIVISION BETWEEN : COBB & CO. CAPRIERS PTY. LIMITED Applicant TRANSO INVESTMENTS PTY. LIMITED & ANOR. Respondent EX-TEMPORE REASONS FOR JUDGMENT BURCHETT J. In this matter, interlocutory relief is sought by the applicant arising out of certain actions of the respondents, which occurred in association with the departure of the individual respondent from the employ of the applicant, and the taking up by him of employment with the corporate respondent. The applicant alleges that the corporate respondent engaged in misleading and deceptive conduct, and the individual respondent was involved in that conduct, more particularly by making representations to customers of the applicant by the dissemination of copies of an article (known to be grossly inaccurate) which contained serious imputations against the applicant's commercial morality. fete anges The applicant also alleges breaches of fiduciary duty, abuses of the confidentiality of information, and breaches of copyright, in respect of a business diary, coples of quotations, and other records containing information identifying customers and client owner drivers of vehicles. It 1s not necessary to go into the detail of these allegations, since it is now conceded that orders should be made on the basis of them, and the dispute 1s confined to the terms of the orders required. However, I should say, because it may have some bearing on the stringency of the interlocutory restraints which are appropriate, that there is prima facie evidence pointing to the direct taking and copying of the applicant's documents, and the utilization of them in an attempt to win, by the use of those documents, customers of the applicant. A serious question to he tried has, I think, certainly been made out, and it is not suggested that the balance of conventence is other than in the applicant's favour. It is also not contended that any of the relief sought is outside the directly conferred or associated jurisdiction of the court. I think it is appropriate to make orders, till further order of the court: 1) An order restraining the respondents, and each of them from, by themselves and their ewe re ne eee nm ee tte Cen oe ree - . eee ret ee (2) (3) (4) respective servants and agents or otherwise howsoever, circulating or publishing to any person that part of the report of the secretary/treasurer contained in the "Voice of the Transport Worker" dated September 1985 referring to the applicant, or any part of it, or any material contained in it, or any part of such material, or otherwise engaging, so as te cause harm to the applicant, in trade or commerce, in conduct that is misleading or deceptive or is likely to mislead or deceive. An order restraining the respondents and each of them from, by themselves and their respective servants and agents, or otherwise howsoever publishing the said material contained in the said report or any part of it or any words to the same or similar effect. An order restraining the respondents and each of them from by themselves and their respective servants and agents, or otherwise howsoever directly or indirectly, using, exploiting, or disciosing to any person any information the source of which is quotations issued by the applicant to its customers or potential customers or copies of such quotations, the pricing information of the applicant, or the applicant's records of the names, addresses and telephone numbers of drivers or customers for whom the applicant acts or procuring, instigating, permitting, or being party to the use, exploitation, or disclosure to any person of such information or any part thereof. An order restraining the respondents from, by themselves and their respective servants and agents and otherwise howsoever, directiy or indirectly, using, exploiting, or disclosing to any person any quotation issued by the applicant to its customers or potential customers, any document containing pricing information of the applicant, any document containing the names, addresses and telephone numbers of such drivers or any part thereof or being a party to the use, exploitation or disclosure to any person of any original or copy thereof or any part thereof. , (5) An order restraining the respondents and each of them from by themselves and their respective servants and agents and otherwise howsoever copying, reproducing or publishing or authorising the copying, reproduction or publication of or of any adaptation of the applicant's form of quotation, circular letter and memorandum being annexures "D", ""E" and "F" to the affidavit of Michael Edward Shields sworn on 3 December 1985 and filed herein. I also order that the costs of this interlocutory application be the applicant's costs in the cause. The exhibits may be handed out. Exhibits A and C should be handed out to the solicitors for the applicants. It will be noted that Mr. Rowling continues the undertaking as to damages. "Tcertify that this and the preceding three (3) pages are a true copy of the Reasons for Judgment herein of his Honour Mr. Justice Burchett. 0.4. Aeichout assoctate Dated: 2¢ Qecauber, M&S