Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 3) [2020] FCA 7

FEDERAL COURT OF AUSTRALIA

Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 3) [2020] FCA 7 File number: NSD 395 of 2011

Judge: YATES J

Date of judgment: 10 January 2020

Catchwords: PRACTICE AND PROCEDURE – application for extension of period of non-disclosure orders – extension granted

Legislation: Federal Court of Australia Act 1976 (Cth), s 37AF

Date of hearing: 16 May 2019

Date of last submissions: 17 May 2019

Registry: New South Wales

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Patents and associated Statutes

Category: Catchwords

Number of paragraphs: 8

Counsel for the Applicant: Mr R Cobden SC and Mr C Burgess

Solicitor for the Applicant: Johnson Winter & Slattery

Counsel for the First Respondent: Mr AJ Bannon SC and Ms C Cunliffe

Solicitor for the First Respondent: Norton Rose

Counsel for the Second Respondent: Mr A McRobert

ORDERS NSD 395 of 2011

BETWEEN: VEHICLE MONITORING SYSTEMS PTY LIMITED Applicant

AND: SARB MANAGEMENT GROUP PTY LTD TRADING AS DATABASE CONSULTANTS AUSTRALIA Respondent

JUDGE: YATES J DATE OF ORDER: 10 JANUARY 2020

THE COURT ORDERS THAT:

1. Subject to further or other order, and pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) (Act), paragraphs [81] – [93] of the Reasons for Judgment delivered on 3 May 2013 (Reasons) are not to be disclosed during the period specified in Order 4 to any person other than the respondent, the external legal representatives of the parties, and the City of Melbourne and its internal and external legal representatives. 2. Notwithstanding Order 1, paragraphs [81] – [93] of the Reasons can be made available to any person in the form of Annexure A to these orders. 3. Subject to further or other order, and pursuant to s 37AF of the Act: (a) Confidential Exhibit ST-12 to the affidavit of Stephen Andrew Milton Toal made on 31 May 2013, including as exhibited to the affidavit of Stephen Andrew Milton Toal made on 14 May 2019 which has been filed in proceeding NSD 200 of 2019; and (b) the transcript of the mention on 3 June 2013, are not to be disclosed during the period specified in Order 4 to any person other than the respondent, the external legal representatives of the parties, and the City of Melbourne and its internal and external legal representatives. 4. The period referred to in Orders 1 and 3 is the period from 16 May 2019 to 16 May 2029. 5. For the avoidance of doubt, leave is granted to the respondent to apply to the Court to extend the period referred to in Order 4. 6. Orders 1 to 5 are made on the ground that non-disclosure of the information concerned is necessary to prevent prejudice to the proper administration of justice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.