Triangle Cables (Aust) Pty Ltd v Czuchwicki [2011] FCA 1537

FEDERAL COURT OF AUSTRALIA

Triangle Cables (Aust) Pty Ltd v Czuchwicki [2011] FCA 1537 Citation: Triangle Cables (Aust) Pty Ltd v Czuchwicki [2011] FCA 1537

Parties: TRIANGLE CABLES (AUST) PTY LTD (ACN 006 373 824) v STAN CZUCHWICKI

File number: VID 230 of 2011

Judge: GRAY J

Date of judgment: 13 December 2011

Legislation: Federal Court Rules 2011 rr 5.22, 5.23(2)

Date of hearing: 13 December 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 13

Counsel for the applicant: Mr G Moore

Solicitor for the applicant: Goldsmiths Lawyers

Counsel for the respondent: The respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 230 of 2011

BETWEEN: TRIANGLE CABLES (AUST) PTY LTD (ACN 006 373 824)

Applicant

AND: STAN CZUCHWICKI

Respondent

JUDGE: GRAY J DATE OF ORDER: 13 DECEMBER 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Judgment be entered for the applicant against the respondent: (a) for damages or equitable compensation to be assessed; (b) for the injunctive relief referred to in paragraph 2 of this order; and (c) for the costs of the proceeding to date. 2. The respondent be and is hereby restrained, by himself, his servants or agents from disclosing to any person or from using any confidential information of the applicant acquired by the respondent during his employment with the applicant, including customer lists, designs and technical drawings, know-how, ideas, reports, diagrams, projections, tables, marketing and sales procedures, pricings, financial information and processes and formulas, except to the extent expressly authorised in writing by the applicant. 3. The assessment of damages or equitable compensation be by affidavit evidence. 4. On or before 14 February 2012, the applicant file and serve any affidavit on which it may seek to rely on the assessment of damages or equitable compensation. 5. On or before 28 February 2012, the respondent file and serve any affidavit on which he may seek to rely on the assessment of damages or equitable compensation. 6. On or before 13 March 2012, the applicant file and serve any affidavit in reply on the assessment of damages or equitable compensation. 7. The assessment of damages or equitable compensation be listed for hearing on a date to be fixed after 13 March 2012. 8. Service of this order, and of any affidavit referred to in paragraph 4 or paragraph 6 of this order and any exhibit to any such affidavit, be deemed to be effective if a copy of the document is sent attached to an email addressed to the respondent at stanc@cableprojects.com.au. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.