Central Innovation Pty Limited v Garner [2017] FCA 873

FEDERAL COURT OF AUSTRALIA

Central Innovation Pty Limited v Garner [2017] FCA 873 File number: NSD 2221 of 2016

Judge: DOWSETT J

Date of judgment: 12 January 2017

Date of hearing: 12 January 2017

Registry: New South Wales

Division: General Division

National Practice Area: Employment & Industrial Relations

Category: No Catchwords

Number of paragraphs: 5

Counsel for the Applicant: Mr G Boyce

Solicitor for the Applicant: FD Commercial Lawyers

Counsel for the First Respondent: Mr A Sandbach

Solicitor for the First Respondent: AJH Lawyers

Counsel for the Second Respondent: Mr C Twidale

Solicitor for the Second Respondent: Vernon da Gama and Associates

ORDERS NSD 2221 of 2016

BETWEEN: CENTRAL INNOVATION PTY LIMITED Applicant

AND: GARY GARNER First Respondent

NC CADCAM SYSTEMS PTY LTD Second Respondent

JUDGE: DOWSETT J DATE OF ORDER: 12 JANUARY 2017

THE COURT ORDERS THAT:

1. upon the undertaking of the second respondent's counsel given this day (as noted below), order 7 made by the Honourable Justice Dowsett on 10 January 2017 in Sydney be vacated; and 2. the costs of and incidental to the hearing on this day be reserved.

THE COURT NOTES:

A. The usual undertakings as to damages given by the applicant by its counsel. B. The undertaking given by the second respondent by its counsel, upon the basis of the usual undertaking as to damages that is provided by the applicant, in the following terms: The second respondent will preserve its computer systems, until further order to ensure that the applicant can undertake inspection of those computer systems should the Court grant the relief sought by the applicant following the hearing on 6 February 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.