Targus Group (UK) v Targus Australia (No 2) [2018] NSWSC 1322

Supreme Court New South Wales

Medium Neutral Citation: Targus Group (UK) v Targus Australia (No 2) [2018] NSWSC 1322 Hearing dates: 13/08/2018, 14/08/2018, 20/08/2018 and 21/08/2018 Date of orders: 29 August 2018 Decision date: 29 August 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Applicant to have relief in terms of prayer 1.1 of Notice of Motion filed 31 July 2018 if Mrs Alenka Tindale gives the usual undertaking as to damages. Notice of Motion otherwise to be dismissed. Reserve costs. Catchwords: COMMERCE – application for interlocutory injunctive relief – allegations of breach of contract and unconscionable conduct – evidence to date demonstrates that there are various "serious" questions to be tried – considerations of balance of convenience.

EQUITY – whether applicant or its shareholder who has promoted the cross-claim should give undertaking as to damages – relief to be granted in part subject to that shareholder giving the usual undertaking. Legislation Cited: Australian Consumer Law Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Category: Procedural and other rulings Parties: Targus Group (UK) Ltd UK Company Number 02989548 (Plaintiff/First Cross-Defendant) Targus Australia Pty Ltd (First Defendant/Cross-Claimant) Heathmere Pty Ltd (Second Defendant) Alenka Tindale (Third Defendant) Targus International LLC (Second Cross-Defendant) Mikel Williams (Third Cross-Defendant) Michael Dussinger (Fourth Cross-Defendant) Representation: Counsel: M R Elliott SC / R L Gall (Plaintiff/First Cross-Defendant) F T Roughley (First Defendant/Cross-Claimant) R Mansted (Second and Third Defendants)