Nexdius Pty Ltd v Exposure Scientific LLC

Nexdius Pty Ltd sought to continue an ex parte interlocutory injunction against Exposure Scientific LLC. The injunction was initially granted by the Federal Court of Australia in relation to intellectual property and the terms of a software licence agreement. The parties were in dispute about the disclosure of certain information, the nature of any contractual breach, and the appropriateness of continuing the injunction pending a trial. The court was required to decide whether there had been any material non-disclosure when the injunction was granted and whether any alleged breaches of contract had been cured. The court also needed to determine if there was a serious question to be tried that the respondent had elected not to terminate the contract and whether the balance of convenience favoured continuing the injunction.

The court found that the applicant had not made a material non-disclosure when seeking the injunction and that there was a serious question to be tried as to whether the respondent had cured any alleged breaches of the contract to the applicant's satisfaction. The court also found that there was a serious question to be tried as to whether the respondent had elected not to terminate the contract and that the balance of convenience favoured continuing the injunction. The court held that the application to continue the injunction was successful.

The court ordered that the interlocutory injunction be continued until the final hearing. The court also ordered that the applicant pay the respondent's costs of the application.