Sovereign Hydroseal Pty Ltd v Steynberg (No 2) [2020] FCA 1239

Sovereign Hydroseal Pty Ltd v Steynberg (No 2) [2020] FCA 1239

The applicants are entitled to preliminary discovery under r 7.23, with categories appropriately narrowed to 'examples' and with provision of security for compliance costs. Respondent's late objections regarding lack of documents do not affect the entitlement or scope of orders, and costs will be borne by applicants unless substantive proceedings commence within two months.

Parties
First Prospective Applicant: Sovereign Hydroseal Pty Ltd; Second Prospective Applicant: Relborgn Pty Ltd; Third Prospective Applicant: Triomviri Pty Ltd; Prospective Respondent: Johannes Machiel Steynberg
Jurisdiction
Australia
Judgment Date
25 August 2020
Procedural Posture
Application for Preliminary Discovery / Post Hearing on Final Form of Orders and Costs
Outcome
Applicants successful (relief granted); costs outcome conditional on substantive proceedings.
Legal Topics
Preliminary Discovery, Patent Infringement, Costs, Offers of Compromise
Practice and Procedure Intellectual Property Preliminary Discovery Patent Infringement Costs Offers of Compromise

Case Brief

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Parties

Sovereign Hydroseal Pty Ltd

First Prospective Applicant

Relborgn Pty Ltd

Second Prospective Applicant

Triomviri Pty Ltd

Third Prospective Applicant

Johannes Machiel Steynberg

Prospective Respondent

Procedural Posture

Application for Preliminary Discovery / Post Hearing on Final Form of Orders and Costs

Legal Issues

  1. 1 Scope of preliminary discovery under Federal Court Rules 2011 (Cth) r 7.23
  2. 2 Appropriate categories of documents for discovery
  3. 3 Entitlement to costs and indemnity costs in preliminary discovery applications

Ratio Decidendi

The applicants are entitled to preliminary discovery under r 7.23, with categories appropriately narrowed to 'examples' and with provision of security for compliance costs. Respondent's late objections regarding lack of documents do not affect the entitlement or scope of orders, and costs will be borne by applicants unless substantive proceedings commence within two months.

Court Disposition

Applicants successful (relief granted); costs outcome conditional on substantive proceedings.

Orders

  • Applicants to provide $10,000 security for respondent’s compliance costs.
  • Respondent to provide discovery of documents (as narrowed, in categories set out in Annexure 'A') by 23 September 2020.