Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Optical Distributors & Manufacturers Association of Australia Ltd v Expertise Events Pty Ltd [2017] FCA 209 File number: NSD 2168 of 2016
Judge: BURLEY J
Date of judgment: 3 March 2017
Catchwords: PRACTICE AND PROCEDURE – application to discharge interlocutory orders granting injunction preventing respondent from using certain information – whether there is a serious question to be tried – whether damages are an adequate remedy – whether balance of convenience favours granting the injunction – orders discharged
Cases cited: Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238
Date of hearing: 28 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: Catchwords
Number of paragraphs: 35
Counsel for the Applicant: Mr M R Hall SC
Solicitor for the Applicant: Rankin Ellison Lawyers
Counsel for the Respondent: Mr P Afshar
Solicitor for the Respondent: Dunstan Legal
ORDERS NSD 2168 of 2016
BETWEEN: OPTICAL DISTRIBUTORS & MANUFACTURERS ASSOCIATION OF AUSTRALIA LTD Applicant
AND: EXPERTISE EVENTS PTY LTD Respondent
JUDGE: BURLEY J DATE OF ORDER: 3 MARCH 2017
THE COURT ORDERS THAT:
1. Order 5 of the orders 16 December 2016, as amended by Order 2 of the orders of 21 December 2016, be discharged. 2. Costs of the applicant's application for the continuation of those Orders be reserved. 3. The parties provide to his Honour's associate joint short minutes of order for the further conduct of the proceeding, by 5 pm on 30 March 2017, indicating any areas of disagreement in markup. 4. The proceeding be listed for a case management hearing at 9.30 am on 31 March 2017. 5. Order 1 of these orders be stayed until 12.00 pm on Tuesday 7 March 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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