The Council of the City of Gold Coast v Pack, B.J. & Anor [1995] FCA 175

CATCHWORDS INTELLECTUAL PROPERTY - Ownership of compilation of information as to real property in Gold Coast City Council and Albert Shire Council local authority areas - confidential commercial information - respondents using information to offer database service in competition. INTERLOCUTORY INJUNCTION - Whether contractual arrangements between a third party and first respondent operated to deny the ability to seek injunctive relief on equitable grounds - serious question to be tried that applicant had no remaining right to the information - serious question to be tried in relation to breach of copyright in database - balance of convenience in favour of granting interlocutory injunction - no arguable basis that respondents entitled to use the information. Trade Practices Act 1974 s.87

Kalamazoo Pty. Ltd. v. Compact Business Systems Pty. Ltd. [1990] 1 Qd.R. 231 Appl. The Council of the City of Gold Coast v. Bernard John Pack and Infopac International Pty. Ltd. (ACN 056 099 239) QG67 of 1995 Cooper J., Brisbane, 31 March, 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG67 of 1995 BETWEEN: THE COUNCIL OF THE CITY OF GOLD COAST Applicant AND: BERNARD JOHN PACK First Respondent AND: INFOPAC INTERNATIONAL PTY. LTD. (ACN 056 099 239) Second Respondent

JUDGE MAKING ORDER: Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 31 March, 1995

MINUTES OF ORDER UPON THE APPLICANT GIVING THE USUAL UNDERTAKINGS AS TO DAMAGES THE COURT ORDERS THAT: 1. The first and second respondents, by themselves, their servants or agents or otherwise, be restrained pending the trial of the action from using or further using information contained in the database of the applicant copied by the first respondent on or about 7 August, 1992. 2. The first and second respondents deliver up within twenty-eight (28) days to the District Registrar pending the trial of this action, all copies of the applicant's database as at 7 August, 1992 held by the respondents, or either of them, or by their servants or agents or otherwise. 3. The respondents pay the costs of and incidental to the application for interlocutory relief to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.