Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Embertec Pty Limited v Energy Efficient Technologies Pty Limited [2012] FCA 1208 Citation: Embertec Pty Limited v Energy Efficient Technologies Pty Limited [2012] FCA 1208
Parties: EMBERTEC PTY LIMITED (ACN 110 367 809) v ENERGY EFFICIENT TECHNOLOGIES PTY LIMITED (ACN 123 181 439) and STAVROS PAPPAS; ENERGY EFFICIENT TECHNOLOGIES PTY LIMITED (ACN 123 181 439) v EMBERTEC PTY LIMITED (ACN 110 367 809)
File number: NSD 1167 of 2012
Judge: FOSTER J
Date of judgment: 31 October 2012
Date of hearing: 31 October 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 11
Counsel for the Applicant: Mr AC Harding
Solicitor for the Applicant: DibbsBarker
Counsel for the Respondents: Mr CS Ward
Solicitor for the Respondents: Fox Tucker Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1167 of 2012
BETWEEN: EMBERTEC PTY LIMITED (ACN 110 367 809)
Applicant
AND: ENERGY EFFICIENT TECHNOLOGIES PTY LIMITED (ACN 123 181 439)
First Respondent
STAVROS PAPPAS
Second Respondent
AND BETWEEN: ENERGY EFFICIENT TECHNOLOGIES PTY LIMITED (ACN 123 181 439)
Cross-Claimant
AND: EMBERTEC PTY LIMITED (ACN 110 367 809)
Cross-Respondent
JUDGE: FOSTER J DATE OF ORDER: 31 OCTOBER 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. In relation to the Notice to Produce dated 17 October 2012 issued by the applicant to the first respondent: (a) Paragraph 11(c) and par 11(e) be set aside; (b) Paragraphs 11(a), (b) and (d) be answered by the first respondent as soon as practicable by the production of documents to the solicitors for the applicant; and (c) Liberty be granted to the applicant to apply on short notice. 2. In relation to the Notices to Produce dated 23 October 2012 issued by the applicant to the first and second respondents: (a) The words "The process and/or method used or adopted in" be deleted from par 1.2 so that that paragraph now reads: The development of the technology, specifications, features and/or design embodied in the EETECH SMART PowerBoard AV. (b) Paragraph 1.2 as amended in Order 2(a) above be answered by the respondents as soon as practicable by the production of documents to the solicitors for the applicant; and (c) Liberty be granted to the applicant to apply on short notice. THE COURT DIRECTS THAT: 3. The parties confer in relation to the terms of confidentiality orders in respect of the documents now to be produced, and to be produced in the future, and submit a Consent Order in respect of documents produced today and to be produced in answer to the two Notices to Produce referred to in Order 1 and Order 2 above, such Consent Order to be submitted to the Associate to Foster J by 5.00 pm on Friday 2 November 2012. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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