United Insurance Advisers Pty Ltd v United Insurance Advisers (National) Pty Ltd [2006] FCA 440

FEDERAL COURT OF AUSTRALIA

United Insurance Advisers Pty Ltd v United Insurance Advisers (National) Pty Ltd [2006] FCA 440 INTERLOCUTORY INJUNCTION – use of database and business name following demerger of businesses – alleged breach of confidentiality or implied agreement not to use information in database – whether respondents' use of business name misleading and deceptive or passing off – whether serious question to be tried – whether balance of convenience favours grant of relief - no case for grant of interlocutory relief COSTS – application for costs on indemnity basis and taxation forthwith – whether case so fundamentally flawed – no award of indemnity costs and taxation forthwith NMFM Property v Citibank Ltd (2001) 109 FCR 77 cited Colgate Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 cited Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 cited

UNITED INSURANCE ADVISERS PTY LTD and INSURNET PTY LTD v UNITED INSURANCE ADVISERS (NATIONAL) PTY LTD and ANDREW YANNOPOULOS (aka ANDREW YOUNG) and GERARD PERIL

VID 137 OF 2006

YOUNG J

14 MARCH 2006

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 137 OF 2006

BETWEEN: UNITED INSURANCE ADVISERS PTY LTD

FIRST APPLICANT

INSURNET PTY LTD

SECOND APPLICANT

AND: UNITED INSURANCE ADVISERS (NATIONAL) PTY LTD

FIRST RESPONDENT

ANDREW YANNOPOULOS (aka ANDREW YOUNG)

SECOND RESPONDENT

GERARD PERIL

THIRD RESPONDENT

JUDGE: YOUNG J

DATE OF ORDER: 14 MARCH 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application for interlocutory relief be dismissed.

2. The Applicants pay the Respondents' costs of the interlocutory application, including reserved costs.