Embertec Pty Limited v Energy Efficient Technologies Pty Limited [2012] FCA 1208

Embertec Pty Limited v Energy Efficient Technologies Pty Limited [2012] FCA 1208

Paragraphs 11(a), (b), and (d) of the Notice to Produce dated 17 October 2012 are relevant and must be answered as they relate to issues of market status pertinent to the balance of convenience in the interlocutory application, but paragraphs 11(c) and (e) are too wide and not sufficiently connected to the issues; therefore, these should be set aside. Modifications to the Notices to Produce dated 23 October 2012 are appropriate to ensure clarity and relevance.

Jurisdiction
Australia
Judgment Date
31 October 2012
Procedural Posture
Interlocutory Application / Interlocutory Hearing Regarding Notices to Produce
Outcome
Interlocutory orders on Notices to Produce; partial setting aside and amendments made.
Legal Topics
['notices to Produce' 'discovery of Documents' 'interlocutory Injunctions' 'balance of Convenience']
['civil Procedure'] ['notices to Produce' 'discovery of Documents' 'interlocutory Injunctions' 'balance of Convenience']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Hearing Regarding Notices to Produce

Legal Issues

  1. 1 ['Whether paragraphs of Notices to Produce should be set aside as oppressive or too wide' 'Relevance of requested documents to balance of convenience in an application for interlocutory relief']

Ratio Decidendi

Paragraphs 11(a), (b), and (d) of the Notice to Produce dated 17 October 2012 are relevant and must be answered as they relate to issues of market status pertinent to the balance of convenience in the interlocutory application, but paragraphs 11(c) and (e) are too wide and not sufficiently connected to the issues; therefore, these should be set aside. Modifications to the Notices to Produce dated 23 October 2012 are appropriate to ensure clarity and relevance.

Court Disposition

Interlocutory orders on Notices to Produce; partial setting aside and amendments made.

Orders

  • ['Paragraph 11(c) and 11(e) of the Notice to Produce dated 17 October 2012 are set aside.' 'Paragraphs 11(a), 11(b), and 11(d) of that Notice to Produce must be answered by the first respondent as soon as practicable.' 'Applicant is granted liberty to apply on short notice.' 'The introductory words in paragraph 1.2...