Grow MF Pty Ltd v Parthy [2023] FCA 442

Federal Court of Australia

Grow MF Pty Ltd v Parthy [2023] FCA 442 File number(s): VID 289 of 2023

Judgment of: ROFE J

Date of judgment: 4 May 2023

Date of publication of reasons: 9 May 2023

Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction – application for respondent to restore access to certain technological accounts – serious question to be tried – balance of convenience

Legislation: Corporations Act 2001 (Cth)

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238

Division: General Division

Registry: Victoria

National Practice Area: Intellectual Property

Sub-area: Copyright and Industrial Designs

Number of paragraphs: 42

Date of hearing: 4 May 2023

Counsel for the Applicant: Ms L Davis

Solicitor for the Applicant: SLF Lawyers

Counsel for the Respondent: The respondent appeared in-person

ORDERS VID 289 of 2023

BETWEEN: GROW MF PTY LTD Applicant

AND: ANINDHA PARTHY Respondent

order made by: ROFE J DATE OF ORDER: 4 MAY 2023

PENAL NOTICE TO: ANINDHA PARTHY IF YOU (BEING THE PERSON BOUND BY THIS ORDER): (A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THE ORDER FOR THE DOING OF THE ACT; OR (B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING, YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.