Di Stefano v Uniline Australia Ltd

[2007] FCA 1800

FEDERAL COURT OF AUSTRALIA

Di Stefano v Uniline Australia Ltd [2007] FCA 1800

PRACTICE AND PROCEDURE – consideration of interlocutory orders – consideration of issues going to discovery

CARMELO JOSEPH LICCIARDI DI STEFANO v UNILINE AUSTRALIA LTD (UNILINE) ACN 010 752 057
QUD306 OF 2007

GREENWOOD J
21 NOVEMBER 2007
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD306 OF 2007

BETWEEN:	CARMELO JOSEPH LICCIARDI DI STEFANO Applicant
AND:	UNILINE AUSTRALIA LTD (UNILINE) ACN 010 752 057 Respondent
JUDGE:	GREENWOOD J
DATE OF ORDER:	21 NOVEMBER 2007
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The applicant file and serve a Reply (if any) and a Defence to any Cross‑Claim of the respondent on or before 3 December 2007.

2.The respondent file and serve any Reply to any Defence to the Cross‑Claims on or before 10 December 2007.

3.On or before 17 December 2007, each party file and serve a list of documents to be discovered.

4.The list of documents to be discovered by Uniline Australia Ltd shall include the following documents:

1.Documents evidencing or recording or relating to the research, creation, testing and development of the design of the UNIdrive Spring and/or UNIdrive Spring Clutch by Uniline or by any third parties or sourcing of the UNIdrive Spring and/or UNIdrive Spring Clutch by Uniline from third parties, including but not limited to:

(a)memoranda and correspondence, including electronic correspondence, as well as briefs or sets of instructions provided by Uniline; and/or

(b)reports, materials, artwork, drawings, mock ups, prototypes, visual material, presentations or advice.

5.Each party provide inspection of its discovered documents on or before 18 January 2008.

6.The applicant file and serve evidence in chief on or before 8 February 2008.

7.The respondent file and serve evidence in chief on or before 8 February 2008. 

8.Each party file and serve evidence in answer on or before 14 March 2008. 

9.Each party file and serve affidavits and expert reports in reply on or before 21 March 2008. 

10.The proceeding be set down for trial with QUD236 of 2007 for an estimated seven days from 14 April 2008 to 23 April 2008.

11.Pursuant to Order 29, rule 2 of the Federal Court Rules, the issue of liability shall be decided separately and prior to the issue of quantum in the proceeding. 

12.The proceeding shall be adjourned for further directions to 26 March 2008. 

13.The parties have liberty to apply to the Court for orders including orders in respect of discovery on three days notice.

14.The costs of the directions hearings on 12 November 2007, 19 November 2007 and 21 November 2007 be reserved including the costs of and incidental to the application by Uniline Australia Ltd heard on 12 November 2007 in relation to Order 29, rule 2 of the Federal Court Rules. 

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD306 OF 2007

BETWEEN:	CARMELO JOSEPH LICCIARDI DI STEFANO Applicant
AND:	UNILINE AUSTRALIA LTD (UNILINE) ACN 010 752 057 Respondent
JUDGE:	GREENWOOD J
DATE:	21 NOVEMBER 2007
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. For the reasons indicated in QUD236 of 2007 (Uniline Australia Ltd v SBriggs Pty Ltd [2007] FCA 1799), the Court makes the Orders reflected in the formal Orders of the Court in this proceeding.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood.

Associate:

Dated:        21 November 2007

Counsel for the Applicant:	Mr S Cooper
Solicitor for the Applicant:	DLA Phillips Fox
Counsel for the Respondent:	Mr B J Hess SC
Solicitor for the Respondent:	Mallesons Stephen Jaques
Date of Hearing:	19 November 2007
Date of Judgment:	21 November 2007