MFX Research Pty Ltd v Coleman & Anor [1999] NSWSC 692

New South Wales Supreme Court CITATION : MFX Research Pty Ltd v Coleman & Anor [1999] NSWSC 692 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 2902/99 HEARING DATE(S) : 1/7/99 JUDGMENT DATE : 2 July 1999

MFX Research Pty Limited [Plaintiff} PARTIES : Leigh Coleman (1st Defendant) Samir Ghattas (2nd Defendant) JUDGMENT OF : Bergin J

COUNSEL : Mr S White (Plaintiff) Mr D Pritchard (Defendant) SOLICITORS : Freidmann Reeves (Plaintiff) Kemp Strang (Defendants) CATCHWORDS : Application to dissolve and/or discharge injunction for material non-disclosure TQM Cargo Logistics Pty Ltd & Ors v Drake (unreported Santow J 2 September 1998); CASES CITED : Gillfillen v Gillfillen (1973) 6 SASR 330; Text: Kerr on Injunctions DECISION : Non-disclosure serious but not material; Injunction continued.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BERGIN J

FRIDAY 2 JULY 1999

2902/99 - MFX RESEARCH PTY LTD v LEIGH COLEMAN & ANOR

JUDGMENT EX TEMPORE - DUTY JUDGE

1 This matter came before me on 26 June 1999 when I made orders in favour of the plaintiff, MFX Research Pty Ltd, which I will refer to as MFX, against the defendants, Leigh Coleman and Samir Ghattas. 2 That was an ex parte application and the orders I made were that up to and including 28 June 1999 the defendants themselves, their servants and agents are restrained from representing the defendant or Coleman Technologies Inc as being associated with or in a relationship with the plaintiff as distributor or otherwise, or words to similar effect and that they be restrained from representing that they were entitled to the sale or otherwise making available the technology known as MFX 2000 software technology which is in compact disc form. 3 I also made an order that the defendants, their servants or agents, forthwith deliver up into the possession of the solicitor for the plaintiff, Mr Freidman, all copies or arrangements of the technology, which I will refer to as MFX 2000.