Global Consulting Group Pty Ltd v Kalabric [1995] FCA 1199

JUDGMENT No. KZ donul dabedate

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 696 of 1995

GENERAL DIVISION ) Between: GLOBAL CONSULTING GROUP P/L Applicant FEDERAL COURT OF AUSTRALIA And: JOHN KALABRIC 28 JAN 2003 Respondent LIBRARY ~ REASONS FOR JUDGMENT EINFELD J SYDNEY 8 SEPTEMBER 1995

I propose to make an order, though not at the moment, which will give the applicant either precisely what it seeks or the opportunity to have the things that it seeks whilst allowing the respondent also to have access to them. I have not decided which approach is appropriate because I do not understand, and there is no evidence, whether that is even possible, and I do not want

to impose it as an order without hearing the parties.

The matter will stand down until 2.30 p.m. at which time I will want to hear the parties on the undertakings each is prepared to give. They should be in writing. On a prima facie basis and at an interlocutory urgent stage, and on that basis alone, I make the finding that the applicant is entitled to the items which it

seeks.

I shall give some further reasons for this later on if necessary

but it will suffice to say for the moment that I accept the

-2- argument of the respondent that if he is also using these items of intellectual property for his own business, he should be given the opportunity to seek to secure continuing access to them so that the applicant does not have exclusive access. That is not something as yet that the respondent has applied for in any formal sense but it certainly is implied in the affidavit. In the shortness of time involved I would not hold the respondent at fault because the affidavit is fairly brief and there has been

no opportunity to consider alternative approaches to the matter.

At the same time, for the purposes of argument at least, I also accept the applicant's position that if the respondent continues to have access to these items of property, there should be a limit on the use that he can make of them pending the hearing, so that there should be undertakings, similar to those offered by the applicant, that whatever use is made of them is