ROTOTEK PTY LTD & ANOR -v- AD ENGINEERING PTY LTD [2004] WASC 108

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2004] WASC 108
Case No:	CIV:2283/2003	Heard:	9 MARCH 2004
Coram:	SIMMONDS J	Delivered:	26/05/04
No of pages:	17	Judgment Part:	1 of 1
Result:	Injunction granted
Category:	B
PDF Version

Parties:	ROTOTEK PTY LTD (ACN 097 944 164) VANESSA JOAN PALLISTER AD ENGINEERING PTY LTD (ACN 008 908 969)
Catchwords:	Equity Interlocutory injunctions Principles governing grant of injunction Mandatory injunction for delivery up Turns on own facts Confidential information Confidentiality agreements Anticipatory breach Injunctive relief
Legislation:	Copyright Act 1968 (Cth), s 115(4)
Case References:	Allen v Jambo Holdings Ltd [1982] 2 All ER 502 Cadura Investments Ltd v Rototek Pty Ltd [2003] WASC 255 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Custom Credit Corporation Ltd v Whitehall Holdings Pty Ltd, unreported; SCt of WA; Library No 920231; 7 April 1991 Locabail International Finance Ltd v Agroexport [1986] 1 WLR 657 Shepherd Homes Ltd v Sandham [1971] Ch 340 Webster v Lampard (1993) 177 CLR 598 White & Carter (Councils) Ltd v McGregor [1962] AC 413 Amber Size & Chemical Co Ltd v Menzel [1913] 2 Ch 239 Bairstow v Berry [2003] WASC 155 Brian D Collins (Engineers) Ltd v Charles Roberts & Co Ltd (1965) 82 RPC 429 Cadbury Schweppes Inc v FBI Foods Ltd [1999] 1 SCR 142 Clark v Rowell Consulting Services Pty Ltd [2003] WASC 178 Coco v AN Clark (Engineers) Ltd (1969) RPC 41 Foran v Wight (1989) 168 CLR 385 Saltman Engineering Co Ltd v Campbell Engineering Co (1948) 65 RPC 203 Seager v Copydex Ltd [1967] 1 WLR 923

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : ROTOTEK PTY LTD & ANOR -v- AD ENGINEERING PTY LTD [2004] WASC 108 CORAM : SIMMONDS J HEARD : 9 MARCH 2004 DELIVERED : 26 MAY 2004 FILE NO/S : CIV 2283 of 2003 BETWEEN : ROTOTEK PTY LTD (ACN 097 944 164)

First Plaintiff

VANESSA JOAN PALLISTER

Second Plaintiff

AND

AD ENGINEERING PTY LTD (ACN 008 908 969)

Defendant

Catchwords:

Equity - Interlocutory injunctions - Principles governing grant of injunction - Mandatory injunction for delivery up - Turns on own facts

Confidential information - Confidentiality agreements - Anticipatory breach - Injunctive relief

Legislation:

Copyright Act 1968 (Cth), s 115(4)

(Page 2)

Result:

Injunction granted

Category: B

Representation:

Counsel:

First Plaintiff : Mr L A Tsaknis

Second Plaintiff : Mr L A Tsaknis

Defendant : Mr P D C Robinson

Solicitors:

First Plaintiff : Holborn Lenhoff

Second Plaintiff : Holborn Lenhoff

Defendant : Williams & Hughes

Case(s) referred to in judgment(s):

Allen v Jambo Holdings Ltd [1982] 2 All ER 502
Cadura Investments Ltd v Rototek Pty Ltd [2003] WASC 255
Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148
Custom Credit Corporation Ltd v Whitehall Holdings Pty Ltd, unreported; SCt of WA; Library No 920231; 7 April 1991
Locabail International Finance Ltd v Agroexport [1986] 1 WLR…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2004] WASC 108
Decision Date

CaseChat Overview and Summary

The case Rototek Pty Ltd v Ad Engineering Pty Ltd was heard in the Supreme Court of Western Australia. The plaintiffs, Rototek Pty Ltd and Vanessa Joan Pallister, sought an interlocutory injunction against the defendant, Ad Engineering Pty Ltd. The dispute arose from agreements concerning the development and commercialisation of a safety device called Mobilert. The relief sought by the plaintiffs included an injunction to restrain the defendant from breaching a clause in the Manufacturing Agreement and the return of listed material, including confidential information and components. The defendant, in turn, sought a continuation of an interlocutory injunction previously granted to it.

The court considered the principles governing the grant of interlocutory injunctions, including the requirement for a serious question to be tried, irreparable injury, and the balance of convenience. The court found that there was a serious question to be tried regarding the continued currency and scope of the exclusive licence to manufacture, as well as the return of the prototype. The court also found that damages would not be an adequate remedy and that the balance of convenience favoured the grant of the injunction.

The court granted the injunction sought by the defendant, with some modifications to the scope of the injunction to align with the limited geographic scope of the exclusive licence. The court also accepted the undertakings as to damages offered by the defendant and its managing director.

Orders