Optus Mobile Pty Limited v Hutchison 3G Australia Pty Limited [2003] FCA 635

FEDERAL COURT OF AUSTRALIA

Optus Mobile Pty Limited v Hutchison 3G Australia Pty Limited [2003] FCA 635 OPTUS MOBILE PTY LIMITED v HUTCHISON 3G AUSTRALIA PTY LIMITED N 724 of 2003 ALLSOP J 19 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 724 of 2003

BETWEEN: OPTUS MOBILE PTY LIMITED

APPLICANT

AND: HUTCHISON 3G AUSTRALIA PTY LIMITED

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 19 JUNE 2003

WHERE MADE: SYDNEY

UPON THE APPLICANTgiving the usual undertaking as to damages and compensation in terms of Practice Note 3, given through its counsel, THE COURT ORDERS THAT: 1. The respondent be restrained, until further order, from distributing or causing to be distributed, to the public in any way, the brochure, which is behind tab 7 of the exhibit marked 'SDT1', being an exhibit to the affidavit of Stuart Donald Tucker sworn 16 June 2003. 2. The respondent take all steps reasonably capable of being taken, without interfering with the rights or interests of third parties, to prevent the distribution until further order, of the said brochure. 3. The reasonable steps required by order 2 do not include requiring the respondent to cause any copies of the brochure that were, as at 4.00 pm on Thursday 19 June 2003, already assembled or substantially commenced, to be assembled by any newspaper publisher together with its own or other advertisers' material into a bundle or group of printed matter within or as part of a newspaper. 4. An officer of the respondent with personal knowledge of the facts file and serve an affidavit on or before 10 am, 26 June 2003, setting out the steps taken under order 2, any distribution of the said brochure which occurred after 6 pm, Thursday 19 June 2003, and if such distribution has occurred, the reasons for the inability to prevent such distribution. 5. The matter be stood over for final hearing to 26 June 2003 at 10.15 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.