Federal Court of Australia
BUDGMENT No. OP Bo)
TRADE PRACTICES - contract - restraint of trade - confidential information - technique for diagnosis and treatment of form of dyslexia- developed in USA - licensing agreement - agreement terminated - licensee varied techniques thereafter ~ prohibition
on use of varied techniques - restraint of trade - information in public domain - misleading or deceptive conduct - no monopoly - use of information with common elements not misleading or
deceptive - security for costs - corporation based out of the
jurisdiction.
Trade Practices Act 1974 s.52 Federal Court of Australia Act 1976 s.56
Federal Court Rules 0.28 r.3
Quadramain Pty Ltd v Sevastapol Investments Pty Ltd (i976) 133 CLR Petrofina (Gt. Britain) Ltd v Martin [1966] 1 Ch. 146
Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216
PERCEPTUAL DEVELOPMENT CORPORATION v VERSI PTY LTD and DONALD LEE ZIMMERMAN
NO. WAG 78 of 1987
FRENCH J. PERTH 7 DECEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
we ww
No. WAG 78 of 1987
BETWEEN: PERCEPTUAL DEVELOPMENT CORPORATION
Applicant and VERSI PTY LTD First Respondent and DONALD LEE ZIMMERMAN Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 7 DECEMBER 1987 WHERE MADE: PERTH
THE COURT ORDERS THAT:
A.
On the applicant's claim for interlocutory relief:-
1.
2.
The claim is dismissed.
The costs of the hearing of the claim are reserved.
On the respondents' motion for security for costs:-
The applicant provide security in the sum of $21,450.00 for costs incurred and to be incurred by the respondents down to the commencement of the hearing of the
application.
2.
2. Such security is to be provided within 28 days 1n such form as the parties may agree or, in default of
agreement, as the Registrar may determine.
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