Cortis Exhaust Systems Pty Ltd v Kitten Software Pty Ltd [2002] FCA 314

FEDERAL COURT OF AUSTRALIA

Cortis Exhaust Systems Pty Ltd v Kitten Software Pty Ltd [2002] FCA 314 PRACTICE AND PROCEDURE – injunctive relief – costs – whether costs should be reduced – abandonment of issues – whether costs should be awarded for preparatory work

Federal Court of Australia Act 1976 (Cth) s 52 CORTIS EXHAUST SYSTEMS PTY LIMITED v KITTEN SOFTWARE PTY LIMITED, JOHN MILSON AND IRENE COOK N 639 OF 1998 TAMBERLIN J SYDNEY 27 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N639 OF 1998

BETWEEN: CORTIS EXHAUST SYSTEMS PTY LIMITED

(ACN 003 923 911)

APPLICANT

AND: KITTEN SOFTWARE PTY LIMITED

(ACN 052 040 247)

FIRST RESPONDENT

JOHN MILSON

SECOND RESPONDENT

IRENE COOK

THIRD RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 27 MARCH 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The respondents be restrained from making any statement in trade or commerce to the effect: (a) that the first respondent's ServiceMaster product is an upgraded version of the applicant's SIM computer software; or (b) that the first respondent is associated in business with the applicant. 2. Judgment be entered for the applicant against each of the first, second and third respondents for $97,751.22 comprising damages in a sum of $80,000, together with interest totalling $17,751.22 calculated from 28 January 2000 until judgment. 3. The cross-claim is dismissed. 4. The respondents pay sixty percent of the applicant's costs of the proceedings. 5. Security for costs provided on behalf of the applicant be released by the Registrar. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.