Schutz DSL (Australia) Pty Ltd (ACN 009 069 907) v VIP Plastic Packaging Pty Ltd (ACN 095 313 705) (No 2) [2009] FCA 1137

Schutz DSL (Australia) Pty Ltd (ACN 009 069 907) v VIP Plastic Packaging Pty Ltd (ACN 095 313 705) (No 2) [2009] FCA 1137

The Court granted the Norwich Pharmacal order limited to disclosure of customer information for DG IBCs, accepted the respondents' undertakings regarding not selling Cross-Bottled IBCs for dangerous goods use and labelling, set security for undertaking as to damages at $250,000, and made procedural orders for the progression of pleadings and liberty to apply, reflecting the agreed and argued positions of the parties.

Parties
First Applicant: Schutz DSL (Australia) Pty Ltd; Second Applicant: Schutz GmbH & Co KGaA; Third Applicant: Protechna S.A.; First Respondent: VIP Plastic Packaging Pty Ltd; Second Respondent: VIP Steel Packaging Pty Ltd
Jurisdiction
Australia
Judgment Date
06 October 2009
Procedural Posture
Interlocutory Application / Interlocutory Orders, Directions, and Procedural Timetable
Outcome
Interlocutory orders made including Norwich Pharmacal order, undertakings accepted, security set, procedural timetable established.
Legal Topics
Norwich Pharmacal Orders, Interlocutory Injunction, Security for Undertaking as to Damages
Civil Procedure Intellectual Property Norwich Pharmacal Orders Interlocutory Injunction Security for Undertaking as to Damages

Case Brief

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Parties

Schutz DSL (Australia) Pty Ltd

First Applicant

Schutz GmbH & Co KGaA

Second Applicant

Protechna S.A.

Third Applicant

VIP Plastic Packaging Pty Ltd

First Respondent

VIP Steel Packaging Pty Ltd

Second Respondent

Procedural Posture

Interlocutory Application / Interlocutory Orders, Directions, and Procedural Timetable

Legal Issues

  1. 1 whether to grant Norwich Pharmacal order for disclosure of customer information
  2. 2 whether to grant interlocutory injunction restraining exploitation of Cross-Bottled IBCs
  3. 3 appropriate form and amount of security for undertaking as to damages

Ratio Decidendi

The Court granted the Norwich Pharmacal order limited to disclosure of customer information for DG IBCs, accepted the respondents' undertakings regarding not selling Cross-Bottled IBCs for dangerous goods use and labelling, set security for undertaking as to damages at $250,000, and made procedural orders for the progression of pleadings and liberty to apply, reflecting the agreed and argued positions of the parties.

Court Disposition

Interlocutory orders made including Norwich Pharmacal order, undertakings accepted, security set, procedural timetable established.

Orders

  • Respondents to file and serve affidavit with customer details for DG IBCs within 7 days.
  • Applicants' interlocutory injunction dismissed, subject to respondents' undertakings not to sell or distribute Cross-Bottled IBCs for dangerous goods and to affix heat resistant labels as described.