Bowen Energy Ltd v 2KD Drilling Pty Ltd [2009] FCA 746

FEDERAL COURT OF AUSTRALIA

Bowen Energy Ltd v 2KD Drilling Pty Ltd [2009] FCA 746

Trade Practices Act 1974 (Cth) s 87 BOWEN ENERGY LTD (ACN 120 965 095) v 2KD DRILLING PTY LTD (ACN 129 875 467) and KEVIN NEWMAN

NSD 475 of 2009

EMMETT J

9 JUNE 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 475 of 2009

BETWEEN: BOWEN ENERGY LTD (ACN 120 965 095)

Applicant

AND: 2KD DRILLING PTY LTD (ACN 129 875 467)

First Respondent

KEVIN NEWMAN

Second Respondent

JUDGE: EMMETT J

DATE OF ORDER: 9 JUNE 2009

WHERE MADE: SYDNEY

THE COURT:

1. Notes the usual undertaking as to damages given by the Applicant. 2. Orders that: (a) The First Respondent and its respective officers, servants and agents be restrained from using, selling, hiring or otherwise dealing with the Bournedrill Rig and Associated Equipment described in annexure A hereto up to and including 2 July 2009; (b) The First Respondent within 24 hours identify to the Applicant the location of the Bournedrill Rig and Associated Equipment described in annexure A hereto; (c) The First Respondent permit inspection of the Bournedrill Rig and Associated Equipment described in annexure A hereto by the Applicant upon reasonable notice; (d) The First Respondent provide to the Applicant within 48 hours evidence of any registration and insurance cover applicable to the Bournedrill Rig and Associated Equipment described in annexure A hereto. 3. Orders that the interlocutory application be stood over to 2 July 2009 before Stone J. 4. Directs the Respondent file and serve a defence no later than 23 June 2009. 5. Reserves the costs of the interlocutory hearing to date. 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.