Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Canview Pty Ltd v Gilmore [2024] FCA 551 File number(s): QUD 232 of 2024
Judgment of: MEAGHER J
Date of judgment: 22 May 2024
Catchwords: PRACTICE AND PROCEDURE – Application for interlocutory injunction – where the applicants contend that the respondent has misused confidential information and infringed copyright – where prima facie case established – whether balance of convenience favoured the grant of an injunction – where the form of interlocutory orders in contention – injunction granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 23
Cases cited: Directed Electronic OE v OE Solutions Pty Ltd [2018] FCA 142 Karas v LK Law Pty Ltd (2023) 296 FCR 39 Norwich Pharmacal Co v Commissioners of Customs and Excise [1974] AC 133; [1973] 2 All ER 943
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 60
Date of last submission/s: 21 May 2024
Date of hearing: 22 May 2024
Counsel for the Applicants: Mr A Crowe KC with Mr M Walker
Solicitor for the Applicants: Gilbert and Tobin
Counsel for the Respondent: Mr D de Jersey KC with Mr MWP Ziebell
Solicitor for the Respondent: Cowen Schwarz Marschke Lawyers
ORDERS QUD 232 of 2024
BETWEEN: CANVIEW PTY LTD First Applicant
VITURA HEALTH LTD Second Applicant
VITURA HEALTH OPERATIONS PTY LTD Third Applicant
AND: ADAM ZACHARY GILMORE Respondent
order made by: MEAGHER J DATE OF ORDER: 22 MAY 2024
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