P Cubed Pty Ltd v Program Planning Professionals Pty Ltd [2007] FCA 684

FEDERAL COURT OF AUSTRALIA

P Cubed Pty Ltd v Program Planning Professionals Pty Ltd [2007] FCA 684 P CUBED PTY LTD v PROGRAM PLANNING PROFESSIONALS PTY LTD VID195 OF 2007

JESSUP J

3 MAY 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID195 OF 2007

BETWEEN: P CUBED PTY LTD

Applicant

AND: PROGRAM PLANNING PROFESSIONALS PTY LTD

Respondent

JUDGE: JESSUP J DATE OF ORDER: 3 MAY 2007

WHERE MADE: MELBOURNE

Upon the applicant undertaking: a) to submit to such order (if any) as the court may consider to be just for the payment of compensation, to be assessed by the court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and b) to pay the compensation referred to in (a) to the person there referred to. And upon the respondent, by its counsel, undertaking until the trial of the proceeding or further order: a) not to make use of the word 'PCubed' or any variation thereof or the symbol 'P3' beyond: (i) the circumstances referred to in the affidavit of Martin Hooper made on 18 April 2007; and (ii) answering telephone calls as PCubed Australia; without giving the applicant 3 business days notice of its intention to do so; and b) to maintain an accurate record of the new contacts which it receives either seeking to engage its services or enquiring as to the engagement of such services. THE COURT ORDERS THAT: 1. The applicant's application for interlocutory injunctions be dismissed. 2. The costs of the applicant's interlocutory application and of this directions hearing be reserved. 3. The applicant file and serve its Statement of Claim on or before 17 May 2007. 4. The respondent file and serve its Defence on or before 31 May 2007. 5. If there is to be a Reply, the applicant file and serve its Reply on or before 7 June 2007. 6. The parties exchange categories of documents required to be discovered in accordance with O 15 r 2(3) of the Rules of Court on or before 14 June 2007. 7. The parties give discovery in accordance with the said categories on or before 5 July 2007. 8. The matter be referred to mediation in accordance with O 72 of the Rules of Court at a time and place to be fixed in consultation with the District Registrar within the fortnight commencing 23 July 2007. 9. The mediator report to the court on or before 17 August 2007. 10. The applicant file and serve any affidavits upon which it proposes to rely on or before 31 August 2007. 11. The respondent file and serve any affidavits upon which it proposes to rely on or before 14 September 2007. 12. The applicant file and serve any affidavits in reply upon which it proposes to rely on or before 20 September 2007. 13. The trial be by affidavit with recourse to cross examination in accordance with the Rules of Court. 14. The trial be fixed for 1 October 2007 with a maximum estimate of 5 days.