Jemella Australia Pty Ltd v Young (No. 3) [2008] FCA 579

FEDERAL COURT OF AUSTRALIA

Jemella Australia Pty Ltd v Young (No. 3) [2008] FCA 579

PRACTICE AND PROCEDURE – consideration of issues arising upon the return date of motions in a proceeding in which search orders were made on 18 and 19 March 2008 in an application pursuant to Order 25B of the Federal Court Rules and Practice Note No. 24 JEMELLA AUSTRALIA PTY LTD ACN 104 455 138 v MICHAEL YOUNG, MJY HAIR AND BEAUTY PTY LTD ACN 125 666 711, TOM KOTSIMBOS AND JEMELLA LIMITED QUD57 OF 2008

GREENWOOD J

23 APRIL 2008

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD57 OF 2008

BETWEEN: JEMELLA AUSTRALIA PTY LTD ACN 104 455 138

Applicant

AND: MICHAEL YOUNG

First Respondent

MJY HAIR AND BEAUTY PTY LTD ACN 125 666 711

Second Respondent

TOM KOTSIMBOS

Third Respondent

JEMELLA LIMITED

Fourth Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 23 APRIL 2008

WHERE MADE: BRISBANE

THE COURT NOTES THE FOLLOWING UNDERTAKING:

The first respondent and second respondent, whether by itself, its officers, employees or agents or otherwise howsoever permanently undertake that they will cease and forever refrain from importing, distributing, offering for sale, selling or otherwise dealing in the course of trade in any goods to which Australian Trade Mark No. 951664 is applied or any sign that is substantially identical with or deceptively similar to the registered trade mark is applied to such goods without the licence, authority or consent of the registered trade mark proprietor. THE COURT ORDERS THAT: 1. All parties are granted leave to inspect the documents produced to the Court by the independent solicitor, as received from the independent computer expert and to take copies at their expense of the said documents, being limited to those seized pursuant to the orders of this court dated 18 March 2008 and 19 March 2008. 2. The parties have leave to take copies of all documents seized pursuant to the orders of this Court dated 18 March 2008 and 19 March 2008; 3. That within seven days of the date of this order, the Registrar release to the first respondent or its solicitors all documents seized pursuant to the orders of this court dated 18 March 2008; 4. That within seven days of the date of this order, the Registrar release to Synergy Hair Group Pty Ltd or its advisors all documents and other items seized pursuant to the orders of this court dated 19 March 2008; 5. The orders made by paras 27 and 28 of the orders made on 18 March 2008 and 19 March 2008 shall be extended for a further seven days from the date of this order. 6. The applicant file and serve its statement of claim (including full particulars of loss and damage) on the first and second respondents within 28 days of this order; 7. Each of the first and the second respondents to the proceeding each file a defence in these proceedings within 28 days of service of the applicant's statement of claim. 8. The parties have liberty to apply to have the matter re‑listed upon providing three business days' notice. 9. The matter will be listed for directions at 9.30am on Monday, 7 July 2008. 10. The costs of and incidental to each of the notices of motion that have been listed this morning are reserved.