Taxi Clothing Pty Ltd v Hsien-Chuang Jeng [2014] FCA 1340

FEDERAL COURT OF AUSTRALIA

Taxi Clothing Pty Ltd v Hsien-Chuang Jeng [2014] FCA 1340 Citation: Taxi Clothing Pty Ltd v Hsien-Chuang Jeng [2014] FCA 1340

Parties: TAXI CLOTHING PTY LTD (ACN 053 679 762) v HSIEN-CHUANG JENG

File number: NSD 1236 of 2014

Judge: RARES J

Date of judgment: 2 December 2014

Legislation: Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth)

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 applied Samsung Electronics Co Limited v Apple Inc (2011) 217 FCR 238 applied

Date of hearing: 2 December 2014

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 29

Counsel for the Applicant: Mr M Seck

Solicitor for the Applicant: Coleman Greig Lawyers

The Respondent: appeared for himself

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1236 of 2014

BETWEEN: TAXI CLOTHING PTY LTD (ACN 053 679 762)

Applicant

AND: HSIEN-CHUANG JENG

Respondent

JUDGE: RARES J DATE OF ORDER: 2 DECEMBER 2014 WHERE MADE: SYDNEY

Upon the applicant by its counsel giving to the court the usual undertaking as to damages:

THE COURT ORDERS THAT:

1. The respondent deliver to the registrar on or before 5 December 2014 all documents (including originals and hard and electronic copies) which he has obtained from the applicant and which are in his possession, custody or control, including: (a) any commercial, contractual, financial, costing or budgetary documents, or contact lists of the applicant; (b) the documents contained in the large satchel with a shoulder strap in his possession on 13 October 2014 when at the applicant's premises; (c) the documents contained in the pale green lever arch folder in his possession during the conciliation conference before Deputy President Sams of the Fair Work Commission on 18 November 2014. (together, "the Documents") 2. Until further order, the respondent by himself, his servants and agents be restrained from using, copying, forwarding, distributing or disclosing to any person, or destroying, or in any other way defacing or interfering with, all documents in his possession, custody or power, including documents in any electronic form, that he obtained from or has in his possession, custody or power as a result of his employment by the applicant, other than for the purposes of complying with these orders. 3. On or before 5 December 2014, the respondent file and serve an affidavit deposing as to the identity of each person, organisation or entity to whom any of the Documents have been disclosed, a brief description of any such document, and the name of the person, organisation or entity to whom that disclosure was made and the date of each such disclosure. 4. The matter be stood over to a date to be notified to the parties before the docket judge to prepare the matter for hearing. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.