FEDERAL COURT OF AUSTRALIA
Blackmagic Design Pty Ltd v Overliese [2010] FCA 126
Citation: Blackmagic Design Pty Ltd v Overliese [2010] FCA 126 Parties: BLACKMAGIC DESIGN PTY LTD
(ACN 098 098 287) v IAN OVERLIESE, JEROMY YOUNG, ATOMOS AUDIO PTY LTD (ACN 127 008 431) and CLAIRE YOUNGFile number: VID 328 of 2008 Judge: JESSUP J Date of judgment: 24 February 2010 Legislation: Corporations Act 2001 (Cth) s 1317E Cases cited: Black v Lipovac (1998) 217 ALR 386
Calderbank v Calderbank [1975] 3 All ER 333One.Tel Ltd (in liq) v Rich (2005) 53 ACSR 623
Pascoe v Divisional Security Group Pty Ltd (2007) 209 FLR 197Date of hearing: 5 February 2010 Date of last submissions: 5 February 2010 Place: Melbourne Division: General Division Category: No Catchwords Number of paragraphs: 27 Counsel for the Applicant: Mr C Golvan SC and Mr M Wise Solicitor for the Applicant: Middletons Counsel for the Respondents: Mr M Rinaldi Solicitor for the Respondents: Cooper Mills Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VID 328 of 2008
BETWEEN: BLACKMAGIC DESIGN PTY LTD (ACN 098 098 287)
ApplicantAND: IAN OVERLIESE
First RespondentJEROMY YOUNG
Second RespondentATOMOS AUDIO PTY LTD (ACN 127 008 431)
Third RespondentCLAIRE YOUNG
Fourth Respondent
JUDGE:
JESSUP J
DATE OF ORDER:
24 FEBRUARY 2010
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The first, second and third respondents be restrained, whether by themselves, their directors, servants, agents, employees or any of them howsoever, from using or disclosing, anywhere in the world and in any way, the following information of the applicant:
(i) parts usage figures;
(ii) actual parts prices paid by the applicant;
(iii) profit margins of the applicant;
contained in the Costs, Allcosts, SDI, Tweak or OC worksheets of any variant of the Excel spreadsheet file entitled “Ycalc”, of the Excel spreadsheet file entitled “TMP” or of the Excel spreadsheet file entitled “Cashflow” (referred to in this order as “the confidential information”).
2.Within the next 60 days, each party have liberty to apply on seven days’ written notice to every other party with respect to –
(a)the removal or deletion of the confidential information or any part thereof from any computer, disc, tape, key or other electronic medium; or
(b)the delivery up or destruction of any physical document or thing upon which the confidential information or any part thereof is recorded;
in the possession or power of the first, second or third respondents or any of them.
3. Save as aforesaid, the application be dismissed.
4.Subject to any order previously made for the payment of the costs of a party by any other party,
(a)the applicant pay 30% of the costs (including reserved costs) of the first respondent, to be taxed if not agreed;
(b)the applicant pay one half of the costs (including reserved costs) of the second respondent, to be taxed if not agreed;
(c)the applicant pay 30% of…
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