Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NQ Group Pty Ltd v CQ Group Australia Pty Ltd [2014] FCA 317 Citation: NQ Group Pty Ltd v CQ Group Australia Pty Ltd [2014] FCA 317
Parties: NQ GROUP PTY LTD (ACN 089 193 493) v CQ GROUP AUSTRALIA PTY LTD (ACN 130 013 124) and JASON COX
File number: QUD 797 of 2013
Judge: LOGAN J
Date of judgment: 14 March 2014
Catchwords: INTELLECTUAL PROPERTY – disputed categories of discovery – commercially sensitive disclosure – discovery prior to mediation – consideration of Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd (2002) 55 IPR 354
Cases cited: Australian Woollen Mills Ltd v FS Walton & Co Ltd (1937) 58 CLR 641 cited Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd (2002) 55 IPR 354 considered
Date of hearing: 14 March 2014
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: Mr B Gardiner
Solicitor for the Applicant: MDP McDonalds Partners
Counsel for the Respondents: Ms C Heyworth-Smith
Solicitor for the Respondents: Macrossan & Amiet
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 797 of 2013
BETWEEN: NQ GROUP PTY LTD (ACN 089 193 493)
Applicant
AND: CQ GROUP AUSTRALIA PTY LTD (ACN 130 013 124)
First Respondent
JASON COX
Second Respondent
JUDGE: LOGAN J DATE OF ORDER: 14 MARCH 2014 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Pursuant to r 28.02 of the Federal Court Rules 2011 (Cth), the proceeding is referred to mediation by a Registrar of the Court in Brisbane. The mediation shall be conducted on 14 May 2014. In the event that the matter does not settle at the conclusion of the mediation, the Registrar conduct a case management conference immediately following the mediation to consider the most economic and efficient means of bringing the proceedings to trial and of conducting the trial, at which conference the Registrar may give further directions. The mediator is to report the result of the mediation/case management conference to the Court by 15 May 2014. 2. The respondents' application for further and better particulars of the applicant's reply dated 13 March 2014 is dismissed. 3. The matter be listed for further directions on 19 May 2014 at 9.30am. 4. Liberty to apply. 5. Costs reserved. THE COURT DIRECTS THAT: 6. Subject to paragraph 7, not later than five business days prior to the date fixed for the mediation: (a) the applicant is to furnish the respondents with a short statement detailing particular losses it alleges it has suffered in relation to its claim including particular business lost by virtue of the conduct alleged in the statement of claim; (b) the respondents are to furnish the applicant with: (i) Balance Sheets and Profit and Loss Statements of the first respondent for each completed income year on and from 1 July 2010 to date; and (ii) In relation to the current financial year, the most current Profit and Loss Statement, or quarterly revenue figures, of the first respondent. 7. The documents referred to in paragraph 6 are to be provided for the purposes of the mediation only and on a without prejudice basis. The receipt of these documents is attended by the same implied obligations as to their use as attends documents provided in this Court pursuant to orders for discovery. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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