Rauland Australia Pty Ltd v Johnson (No 3) [2022] FCA 138

Federal Court of Australia

Rauland Australia Pty Ltd v Johnson (No 3) [2022] FCA 138 File number: NSD 480 of 2019

Judgment of: stewart j

Date of judgment: 21 February 2022

Catchwords: PRACTICE AND PROCEDURE – application for delivery up and destruction of documents containing applicant's confidential information – alternatively for injunction restraining such destruction – application for costs in the proceeding – relief or delivery up and destruction sought in interlocutory application same as final relief sought – where no well-founded fear of harm if documents destroyed because of backup copies – application dismissed

Division: General Division

Registry: New South Wales

National Practice Area: Intellectual Property

Sub-area: Copyright and Industrial Designs

Number of paragraphs: 22

Date of hearing: 21 February 2022

Counsel for the Applicant S Prince SC with T Wong

Solicitor for the Applicant Workplace Law

Counsel for the Respondents I Jackman SC with P Knowles

Solicitor for the Respondents Norton White

ORDERS NSD 480 of 2019

BETWEEN: RAULAND AUSTRALIA PTY LTD (ACN 056 360 653) Applicant AND: FIONA JOHNSON Respondent HILLS LIMITED T/AS HILLS HEALTH SOLUTIONS (ACN

007 573 417) Second Respondent

order made by: STEWART J DATE OF ORDER: 21 February 2022

THE COURT ORDERS THAT:

1. The applicant have leave to file an amended interlocutory application in the form provided to the Court during the hearing. 2. The applicant file the amended interlocutory application referred to in order 1 forthwith. 3. The applicant's amended interlocutory application be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.