The Software Link (Australia) Pty Ltd (ACN 003 386 212) v Texada Software Inc [2005] FCA 1072

FEDERAL COURT OF AUSTRALIA

The Software Link (Australia) Pty Ltd (ACN 003 386 212) v Texada Software Inc [2005] FCA 1072 THE SOFTWARE LINK (AUSTRALIA) PTY LTD (ACN 003 386 212) v TEXADA SOFTWARE INC

VID 828 of 2005

RYAN J

5 AUGUST 2005

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 828 of 2005

BETWEEN: THE SOFTWARE LINK (AUSTRALIA) PTY LTD (ACN 003 386 212)

Applicant

AND: TEXADA SOFTWARE INC

Respondent

JUDGE: RYAN J

DATE OF ORDER: 5 AUGUST 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The injunction granted by paragraph 1 of the order of Weinberg J of 28 July 2005 be dissolved 2. The respondent be restrained until the hearing and determination of the application or further order from, whether by itself, its employees, agents, subsidiaries or otherwise, representing itself to be the applicant, or to have succeeded to any existing contracts between the applicant and any of its customers or using in connection with the sale or servicing of computer software the name "Texada Software Link" or "Software Link" or any name including the words in conjunction "Software Link" or any name deceptively similar thereto. 3. This proceeding go to a mediation before a Registrar or Deputy Registrar of this Court at the Melbourne registry on a date before 30 September 2005 to be fixed by the Registrar. 4. The respondent file and serve its defence and any counterclaim on or before 1 September 2005. 5. The applicant file and serve any reply and defence to counterclaim on or before 22 September 2005. 6. The parties exchange lists of discoverable documents on or before 6 October 2005. 7. Subject to any order of the Court, the parties make discovery of documents in terms of the exchanged lists on or before 3 November 2005. 8. The parties each afford inspection of discovered documents to the other party by 10 November 2005. 9. Subject to any further or other direction of the docket Judge or the Registrar conducting the mediation referred to in paragraph 3 of this Order, the application be adjourned for a directions hearing and fixed for trial as soon as practicable after 10 November 2005. 10. Liberty to apply is reserved to each party. 11. The costs of each party of the application for interlocutory relief including the costs of the hearing on 4 August 2005 be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.