Federal Court of Australia
Federal Court of Australia
Howden Australia Pty Ltd v Minetek Pty Ltd (Implied Undertaking and Forensic Images) [2021] FCA 838 File number: NSD 827 of 2019
Judgment of: PERRAM J
Date of judgment: 22 July 2021
Catchwords: PRACTICE AND PROCEDURE – application by Respondents for production of forensic images and release from implied undertaking – where Respondents not in possession of images
Legislation: Federal Court Rules 2011 (Cth) r 20.31
Cases cited: Hearne v Street [2008] HCA 36; 235 CLR 125 Howden Australia Pty Ltd v Minetek Pty Ltd (Forensic Imaging) [2020] FCA 1419 Springfield Nominees Pty Limited v Bridgelands Securities Limited (1992) 38 FCR 217
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 12
Date of hearing: 22 July 2021
Counsel for the Applicants: Ms E Bathurst
Solicitor for the Applicants: Bird & Bird
Counsel for the Respondents: Mr D Studdy SC with Mr C McMeniman
Solicitor for the Respondents: Gilbert + Tobin
ORDERS NSD 827 of 2019
BETWEEN: HOWDEN AUSTRALIA PTY LTD First Applicant
JAMES HOWDEN & COMPANY LTD Second Applicant
AND: MINETEK PTY LTD ACN 167 164 936 First Respondent
MINETEK INVESTMENTS PTY LTD Second Respondent
REMY MARCEL SYDNEY BOURCIER Third Respondent
order made by: PERRAM J DATE OF ORDER: 22 July 2021
THE COURT ORDERS THAT:
1. The Respondents' interlocutory application dated 14 July 2021 be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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