Sporte’ Leisure Pty Ltd v Paul’s International Pty Ltd [2009] FCA 445

Sporte’ Leisure Pty Ltd v Paul’s International Pty Ltd [2009] FCA 445

Because no evidence was placed before the Court of any real and appreciable risk of criminal proceedings being taken against the respondents, there was no reason to set aside the Norwich Pharmacal-type affidavit orders.

Jurisdiction
Australia
Judgment Date
23 April 2009
Procedural Posture
Application to Set Aside Orders 3 and 4 Made 21 April 2009 / Returned Before the Court After Ex Parte Orders; Injunctions Continued by Consent and Respondents Contested the Affidavit Order
Outcome
Application to set aside orders 3 and 4 made 21 April 2009 dismissed.
Legal Topics
['interlocutory Injunction' 'norwich Pharmacal Order' 'disclosure of Persons Involved in Manufacture' 'privilege Against Self Incrimination']
['intellectual Property' 'civil Procedure'] ['interlocutory Injunction' 'norwich Pharmacal Order' 'disclosure of Persons Involved in Manufacture' 'privilege Against Self Incrimination']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Set Aside Orders 3 and 4 Made 21 April 2009 / Returned Before the Court After Ex Parte Orders; Injunctions Continued by Consent and Respondents Contested the Affidavit Order

Legal Issues

  1. 1 ['Whether orders 3 and 4 made on 21 April 2009 requiring Mr Paul Dwyer to swear or affirm an affidavit identifying persons involved in manufacture of garments and to obtain documents should be set aside.' "Whether there was evidence of a real and appreciable risk of criminal proceedings such that the affidavit order might imperil the respondents' right to avoid self-incrimination."]

Ratio Decidendi

Because no evidence was placed before the Court of any real and appreciable risk of criminal proceedings being taken against the respondents, there was no reason to set aside the Norwich Pharmacal-type affidavit orders.

Court Disposition

Application to set aside orders 3 and 4 made 21 April 2009 dismissed.

Orders

  • ['The application to set aside orders 3 and 4 made 21 April 2009 be dismissed.']