Century Yuasa Batteries Pty Ltd v D & C Martin Pty Ltd & Ors [1998] FCA 69

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 10 of 1998

BETWEEN: CENTURY YUASA BATTERIES PTY LTD

ACN 009 685 232

Applicant

AND: D & C MARTIN PTY LTD

ACN 009 560 525

First Respondent

DAVID ROGER MARTIN

Second Respondent

LAURENCE PAINE

Third Respondent

APOLLO BATTERIES LTD

ACN 060 266 248

Fourth Respondent

GREG WARD

Fifth Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 9 FEBRUARY 1998

WHERE MADE: BRISBANE

UPON the applicant by its counsel giving the usual undertakings as to damages; AND UPON the first and second respondents giving an undertaking that, until 4.00 pm on Tuesday 17 February 1998 or earlier order, the first and second respondents shall not: (i) use any confidential information belonging to the applicant; (ii) publish or disclose such information to any other person, and in particular shall not publish or disclose such information to the fourth respondent or the fifth respondent; AND UPON the first and second respondents giving an undertaking that the first and second respondents shall by 4.00 pm on Wednesday 11 February 1998 deliver to the applicant a copy of the list of customers of the business trading as "MP Autos" as at today's date, whether those customers purchased products belonging to the applicant or otherwise;

THE COURT ORDERS THAT: 1. The first and second respondents be restrained from carrying on or being engaged in or concerned with directly or indirectly any business which includes the selling, distributing or marketing of batteries until 4.00 pm on Tuesday 17 February 1998, or earlier order. 2. The costs of today be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.