Terravision Pty Ltd v Black Box Control Pty Ltd

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JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   TERRAVISION PTY LTD -v- BLACK BOX CONTROL PTY LTD [2014] WASC 261

CORAM:   LE MIERE J

HEARD:   4 JULY 2014

DELIVERED          :   23 JULY 2014

FILE NO/S:   CIV 2103 of 2012

BETWEEN:   TERRAVISION PTY LTD

Plaintiff

AND

BLACK BOX CONTROL PTY LTD
Defendant

Catchwords:

Application for trial of separate issues or questions - O 32 r 4 of the Supreme Court Rules 1971 (WA) - Factors to consider in ordering separate questions - Separate question will ensure efficient use of time, minimise costs and may lead to disposal of proceedings - Question for determination not adequately formulated

Legislation:

Federal Court Rules 1979 (Cth), O 29 r 2(a)
Supreme Court Rules 1971 (WA), O 1 r 4, O 1 r 4B, O 20 r 8(1), O 20 r 9(1)(b), O 32 r 4

Result:

Application granted in part

Category:    B

Representation:

Counsel:

Plaintiff:     Ms K J Levy

Defendant:     Mr P Mendelow

Solicitors:

Plaintiff:     Danaghers Commercial and Corporate Lawyers

Defendant:     Bowen Buchbinder Vilensky

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

Agriculture & Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570

Australian National Industries Ltd v Spedley Securities Ltd (1992) 26 NSWLR 441

AWB Ltd v Cole (No 2) [2006] FCA 913; 233 ALR 453

City of Swan v Lehman Brothers Australia Ltd [2009] FCA 784; (2009) 73 ACSR 86

Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337

Hancock Prospecting Pty Ltd v Wright Prospecting Pty Ltd [2012] WASCA 216; (2012) 294 ALR 550

Landsdale Pty Ltd v Moore [2009] WASCA 176

Tepko Pty Ltd v Water Board [2001] HCA 19; (2001) 206 CLR 1

  1. LE MIERE J:  The plaintiff, TerraVision Pty Ltd (TerraVision), is a software manufacture and supply company.  It supplies software systems to provide data for the location of vessels, vehicles and assets as well as other data relating to the operation of those vessels, vehicles and assets.  It holds intellectual property rights including the copyright and software source code in certain software (TerraVision Software) and materials and physical items that are utilised by TerraVision Software (TerraVision Hardware).

  2. The defendant, BlackBox Control Pty Ltd (BlackBox), is a hardware and software supply company.  In supplying services to its customers it uses TerraVision software, hardware and services pursuant to a licence agreement with TerraVision made on 13 June 2006 (Licence Agreement).

  3. The Licence Agreement provides that, subject to certain qualifications, BlackBox has the exclusive right to provide products or services that include or use TerraVision Products for vehicle and mobile asset tracking.  TerraVision Products is defined to mean any one of a range of hardware or software products or services that are listed in the Price List.  Clause 9.5 provides that 'BlackBox may provide tracking services that do not include TerraVision Products providing, TerraVision is paid the Price in accordance with subcl 10.4'.  Clause 10 sets out obligations of BlackBox in relation to sales.  The obligations include advising or notifying TerraVision of…

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Details
Case
[2014] WASC 261
Decision Date

CaseChat Overview and Summary

Terravision Pty Ltd brought an application against Black Box Control Pty Ltd in the Supreme Court of Western Australia. The dispute involved a contractual claim for damages related to a failure to supply and install a security system. The application was made to determine whether certain questions could be tried separately under Order 32 Rule 4 of the Supreme Court Rules 1971 (WA). The central legal issue was whether the proposed separate questions were adequately formulated to ensure an efficient use of time and resources, and whether they could lead to a disposal of the proceedings.

The court considered the relevant criteria for ordering separate questions, which include ensuring the efficient use of time, minimising costs, and potentially disposing of the proceedings. The court found that the questions proposed by Terravision were not adequately formulated, as they lacked specificity and clarity. The questions did not sufficiently address the factual and legal issues that needed to be resolved. Consequently, the court was unable to determine whether the proposed separate questions would meet the criteria set out in the rules.

As a result of the court's reasoning, the application for separate questions was dismissed. The court held that the questions needed to be reformulated to adequately address the issues in dispute and to ensure an efficient trial process. The court did not make any final orders in relation to the proceedings but directed the parties to redraft their application for separate questions.

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