Humphries v SAS Signage Accessories Supplier Pty Ltd [2009] FCA 671

FEDERAL COURT OF AUSTRALIA

Humphries v SAS Signage Accessories Supplier Pty Ltd [2009] FCA 671

ROBYN HUMPHRIES and CLEAR FOCUS INTERNATIONAL PTY LTD (ACN 063 866 562) v SAS SIGNAGE ACCESSORIES SUPPLIER PTY LTD (ACN 111 587 501)

QUD 67 of 2008

SPENDER J

27 MAY 2009

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 67 of 2008

BETWEEN: ROBYN HUMPHRIES

First Applicant

CLEAR FOCUS INTERNATIONAL PTY LTD (ACN 063 866 562)

Second Applicant

AND: SAS SIGNAGE ACCESSORIES SUPPLIER PTY LTD (ACN 111 587 501)

Respondent

JUDGE: SPENDER J

DATE OF ORDER: 27 MAY 2009

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Within 14 days and pursuant to O 15 r 8, the respondent shall file and serve upon the applicants an affidavit stating: (a) Whether there is or has been in the respondent's possession, custody or power; and (b) If there has been but there is no longer in the respondent's possession, custody or power; when the respondent parted with and what became of, each of the following documents or classes of documents, namely: (c) Correspondence between the respondent and customers of the respondent concerning and relating to the product described as "One Way Vision" who have purchased from the respondent any products sold or offered for sale by the respondent: (i) Described by the respondent as "One Way Vision"; or (ii) Under any of the following product codes RO-44-25, RO-54-50P, RO-60-25, RO-60-50, RO-48-25, RO-48R-25N, DG-30-54; restricted to correspondence between the respondent and its customers of and concerning the product described as "One Way Vision"; (d) Correspondence between the respondent and any of the respondent's customers or prospective customers relating to the supply or projected supply of the said products; (e) Invoices and packing slips of the respondent which relate to sales by the respondent of any of the said products; (f) Purchase orders received by the respondent for any of the said products; (g) Advertisements, information sheets or any other document published by or on behalf of the respondent, including on any website, which includes reference to any of the said products. 2. Costs on the Notice of Motion filed on 21 April 2009 be reserved. 3. The matter be set down for further directions on Friday 17 July at 9.30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA