Munters Pty Ltd v Bennett, John & Ors [1995] FCA 1078

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION No 843 of 1995

BETWEEN: MUNTERS PTY LTD Applicant -and- JOHN BENNETT, PETER NEWTON FREY and RECOM ENGINEERING PTY LTD Respondents

Coram: Olney J Place: Melbourne Judgment:20 December 1995 MINUTE OF PROPOSED ORDER UPON the applicant by its counsel undertaking to pay to any party adversely affected by this order such compensation (if any) as this Court thinks just and in such manner as the Court directs: AND UPON the first respondent by his counsel undertaking until the hearing and determination of the proceeding or further order to keep full and proper accounts and records of all and any participation or involvement of any kind by him in the air-conditioning industry, including of any dealings which he may have with Bry-Air (India) Pvt Ltd, Gas & Fuel Corporation of Victoria (Gascor), Recom Engineering Pty Ltd and Kirloskar Pneumatic Co Limited: AND UPON the second and third respondents by their counsel undertaking until the hearing and the determination of the application or further order: i) To keep full and proper accounts and records of all items of air cooling or air-conditioning equipment or parts purchased by either of them from: a) Bry-Air (India) Pvt Ltd; or b) Kirloskar Pneumatic Co Ltd; on and after 29 November, 1995. ii) To keep full and proper records of all sales made by either of them of air cooling or air-conditioning systems equipment or parts which consist of, or incorporate, equipment or parts purchased from, or obtained from, either of the suppliers referred to in paragraph (i) hereof on or after 29 November, 1995. iii)To keep full and proper records of all profits derived by either of them from all of the sales referred to in paragraph (ii) hereof, THE COURT ORDERS THAT: 1. The first, second and third respondents be restrained whether by themselves, their servants or agents or otherwise howsoever until the hearing and determination of the proceeding or further order from - a) making use of any of the information described hereunder (the applicant's confidential information) namely: i) The applicant's Tracker computer software program. ii) The applicant's price lists. iii)The applicant's specifications on plant and equipment. iv) The applicant's drawings of plant and equipment. v) The applicant's documentation relating to marketing plans (including the moisture control services marking plan). vi) The applicant's documentation and customer listing associated with the desiccant product service. vii)The applicant's documentation relating to or associated with the applicants five year plan (including reports and minutes of the applicant's product development committee) of which the first respondent was a member. viii)The applicant's documentation relating to or associated with the applicant's marketing analysis; b) publishing, communicating or causing to be published or communicated to any other person any of the applicant's confidential information; c) destroying, parting with possession of or power or control over or defacing or changing in any manner any document containing any of the applicant's confidential information or any machine or other equipment including computers embodying or incorporating the applicant's confidential information.