Sunbeam Corporation Ltd v Breville Pty Ltd [2007] FCA 496

FEDERAL COURT OF AUSTRALIA

Sunbeam Corporation Ltd v Breville Pty Ltd [2007] FCA 496 SUNBEAM CORPORATION LTD v BREVILLE PTY LTD NSD 2444 OF 2006

GRAHAM J

28 MARCH 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2444 OF 2006

BETWEEN: SUNBEAM CORPORATION LTD

Applicant

AND: BREVILLE PTY LTD

Respondent

BREVILLE PTY LTD

Cross-claimant

SUNBEAM CORPORATION LTD

Cross-respondent

JUDGE: GRAHAM J DATE OF ORDER: 28 MARCH 2007

WHERE MADE: SYDNEY

THE COURT:

1. Orders that the cross-claimant's Notice of Motion dated 21 March 2007 be dismissed. 2. Orders that the cross-claimant pay the cross-respondent's costs of the Motion. 3. Directs the respondent to immediately provide to the applicant access (in accordance with the agreed electronic document exchange protocol) to the documents identified in its list of documents served on the applicant on 23 March 2007. 4. Directs the respondent to file and serve its Verified List of Documents on or before 30 March 2007. 5. Directs the respondent to provide access to all documents contained in its Verified List of Documents by 5.00pm on 2 April 2007. 6. Directs the applicant/cross-respondent to file and serve any Affidavits in reply or in response to the Cross-claim on or before 13 April 2007. 7. Directs the respondent to file and serve any Affidavits in reply in respect of the Cross-claim on or before 18 April 2007. 8. Grants the parties liberty to apply on 2 days' notice. 9. Directs the applicant to provide a 'personalia' identifying relevant individuals and the positions which they have held by 26 April 2007. 10. Directs the applicant to provide a Judge's working bundle of all current pleadings and Affidavits (both of the applicant and the respondent) but excluding exhibits to those Affidavits, in chronological order by 23 April 2007. 11. Directs the respondent to identify documents for inclusion in a combined tender bundle of documents and notify the applicant accordingly by 20 April 2007. 12. Directs the applicant to provide a paginated tender bundle of documents in chronological order together with a Judge's working copy thereof by 26 April 2007. 13. Directs the applicant to provide a full set of products, promotional and other material referrable to: 13.1 the Breville Ikon 600 blender; 13.2 the Breville Ikon 550 blender; and 13.3 the Sunbeam MultiBlender Electronic PB7950 blender. 14. Directs each party to provide a concise statement of relevant legal principles in dot point form with a reference to the relevant authorities from which the principles have been extracted by 26 April 2007. 15. Directs that lists of objections to Affidavits be provided by all parties identifying the matter objected to and the ground of objection by 23 April 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA