FAI Home Security v Jay-N-Tee Pty Ltd [1999] FCA 1408

FEDERAL COURT OF AUSTRALIA

FAI Home Security Pty Ltd v Jay-N-Tee Pty Ltd [1999] FCA 1408 FAI HOME SECURITY PTY LTD V JAY-N-TEE PTY LTD, ROBERT JAMES GILL, CRAIG MICHAEL BROWNE AND CRAIG BROWNE PTY LTD S 74 OF 1999

JUDGE: FINKELSTEIN J DATE: 13 SEPTMEBER 1999 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY S 74 OF 1999

BETWEEN: FAI HOME SECURITY PTY LTD

Applicant

AND: JAY-N-TEE PTY LTD, ROBERT JAMES GILL,

CRAIG MICHAEL BROWNE and

CRAIG BROWNE PTY LTD

Respondents

JUDGE: FINKELSTEIN J

DATE OF ORDER: 13 SEPTEMBER 1999

WHERE MADE: MELBOURNE (via video link to Adelaide)

UPON the Applicant by its counsel undertaking that it will pay to any party adversely affected by the interlocutory injunction such compensation (if any) as the Court thinks just, in such manner as the Court directs.

THE COURT ORDERS THAT: 1. Order No 1 made by Finkelstein J on 1 September 1999 be continued up to and including 4.15 pm (Eastern Standard Time) on 5 October 1999. 2. The First and Second Respondent's Notice of Motion dated 8 September 1999 be dismissed. 3. The Third and Fourth Respondent's Notice of Motion dated 8 September 1999 be dismissed. 4. The First and Second Respondent's pay 80% of the Applicant's costs of the Notice of Motion referred to in paragraph 2 above. 5. The Third and Fourth Respondent's pay 80% of the Applicant's costs of the Notice of Motion referred to in paragraph 3 above. 6. Leave be granted to the Applicant to amend the Subpoena to Produce dated 7 September 1999 to Mr Peter Giannoss by deleting "9 September 1999" as the return date and inserting in its place "16 September 1999". 7. The Subpoena to Produce dated 7 September 1999 to Jay-N-Tee Pty Limited be amended by: (a) deleting the word "to" in the first line of paragraph 1 of the Schedule and inserting in its place the word "or"; (b) deleting the words "or sales documents' in the first line of paragraph 2 of the Schedule; (c) deleting the word "to" in the first line of paragraph 2 of the Schedule and inserting in its place the word "or"; and (d) deleting the words "evidencing or" in the first line of paragraph 3 of the Schedule; 8. The Subpoena to Produce dated 7 September 1999 to Peter Giannoss be amended by: (a) deleting the words "or sales documents' in the first line of paragraph 2 of the Schedule; (b) deleting the words "evidencing or" in the first line of paragraph 4 of the Schedule; 9. The Subpoena to Produce dated 7 September 1999 to Craig Michael Browne, Craig Browne Pty Limited, Alex Kratz, Sam Bessell, Craig Haldane and Robert James Gill be amended by: (a) deleting the words "or sales documents' in the first line of paragraph 2 of the Schedule; (b) deleting the words "evidencing or" in the first line of paragraph 3 of the Schedule; 10. The Subpoena to Produce dated 7 September 1999 to Jay-N-Tee Pty Limited, Peter Giannoss, Craig Michael Browne, Craig Browne Pty Limited, Alex Kratz, Sam Bessell, Craig Haldane and Robert James Gill be adjourned to 10.00 am (Central Standard Time) on Thursday 16 September 1999 before the Registrar in Adelaide. 11. The further hearing of the application for Interlocutory Injunctions is adjourned to 2.15 pm (Eastern Standard Time) on Tuesday 5 October 1999.