Lisec Australia Pty Ltd and Saremach Pty Ltd v Lisec Australia [2015] NSWSC 365

Supreme Court New South Wales

Medium Neutral Citation: Lisec Australia Pty Ltd and Saremach Pty Ltd v Lisec Australia [2015] NSWSC 365 Hearing dates: 31 March 2015 Date of orders: 31 March 2015 Decision date: 31 March 2015 Before: Campbell J Decision: On Lisec Australia Pty Limited giving the usual undertaking as to damages, under r 25.3 Uniform Civil Procedure Rules 2005 (NSW), Saremach Pty Limited, Core Toughened Pty Limited and Feathers Glazing Systems Pty Limited by themselves or by their employees or agents or otherwise may not do any act or take any step to alter, disassemble, move or otherwise disturb or interfere with the machinery known as BAZ 1-50/25 Waterjet serial number O45-056332 located at the premises of Feather Glazing Systems Pty Limited at 75-77 Ricketts Road Mount Waverley, in the State of Victoria until 31 May 2015. Lisec Australia Pty Limited is to provide a copy of the data down-loaded from said BAZ machine to the plaintiff's solicitors no later than 20 April, 2015. Saremach Pty Limited, Core Toughened Pty Limited and Feathers Glazing Systems Pty Limited to file and serve a notice of motion supported by affidavit on or before 8 April 2015 for orders that the defendant provide verified discovery under r 21 of the Uniform Civil Procedure Rules 2005. Lisec Australia Pty Limited to file and serve any affidavit in response to the discovery motion by 24 April 2015. The discovery motion to be listed for directions before the common law case management Registrar at 9.00 am on 24 April 2015. The time for the parties to exchange lay evidence extended to 22 May 2015. The parties to serve their expert evidence in chief on or before 22 May 2015. Costs of this application is costs in the cause. The parties to have liberty to apply on three days' notice. Catchwords: PROCEDURE – civil – interim preservation order under r 25.3 UCPR that machinery belonging to plaintiff is not to be removed or dismantled from the defendant's premises – length of the order sought to ensure fairness to parties Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Consequential orders (other than Costs) Parties: Lisec Australia Pty Ltd (Plaintiff); Saremach Pty Ltd AS Trustee for the Glass Machinery Rental Trust (Defendant) Representation: Counsel: J. Knackstredt (Plaintiff) S. Ipp (Defendant) Solicitors: Schweizer Kobras Lawyers (Plaintiff); Lander & Rogers Lawyers (Defendant) File Number(s): 2014/198057; 2014/265604