Bluescope Steel Limited (ACN 000 011 058) No 2 v Kelly

[2007] FCA 518

FEDERAL COURT OF AUSTRALIA

Bluescope Steel Limited (ACN 000 011 058) No 2 v Kelly [2007] FCA 518

BLUESCOPE STEEL LIMITED (ACN 000 011 058) (FORMERLY BHP STEEL (JLA) PTY LIMITED AND BHP STEEL LIMITED) AND CASTRIP LLC v BRIAN FRANCIS KELLY AND K.CON PTY LIMITED (ACN 092 106 940)

NSD82 OF 2002

EMMETT J
12 APRIL 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD82 OF 2002

BETWEEN:

BLUESCOPE STEEL LIMITED (ACN 000 011 058) (FORMERLY BHP STEEL (JLA) PTY LIMITED AND BHP STEEL LIMITED)

First Applicant

CASTRIP LLC
Second Applicant

AND:

BRIAN FRANCIS KELLY

First Respondent

K.CON PTY LIMITED (ACN 092 106 940)
Second Respondent

JUDGE:

EMMETT J

DATE:

12 APRIL 2007

PLACE:

SYDNEY

SUPPLEMENTAL CONFIDENTIAL REASONS FOR JUDGMENT

1. I have today published reasons for my conclusions that Bluescope and Castrip are entitled to injunctions restraining further disclosures of confidential information and infringement of copyright by Mr Kelly and K.Con and that they are entitled to a sum by way of account of profits.  In the course of my reasons, I referred to a composite document described as exhibit 4.1, which identified all of the information that was the subject of the claim by Bluescope and Castrip.  Because of the confidential nature of the material in question, I did not set it out in my reasons.  However, in the interests of completeness, my reasons should identify the material.  I therefore set out in the annexure to these confidential reasons the contents of exhibit 4.1.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:  12 April 2007

Counsel for the Applicant:	Mr D K Catterns QC with Mr D B Studdy
Solicitor for the Applicant:	Allens Arthur Robinson
The Respondent appeared in person.
Dates of Hearing:	19, 20, 24, 25, 26 July and 26 October 2006
Date of Judgment:	12 April 2007