Central Innovation Pty Limited v Garner [2017] FCA 873

Central Innovation Pty Limited v Garner [2017] FCA 873

It was reasonable for the applicant to institute these proceedings given the circumstances regarding possession of the relevant computer system, and appropriate to reserve costs as parties have reached agreement on interlocutory preservation orders.

Parties
Applicant: Central Innovation Pty Limited; First Respondent: Gary Garner; Second Respondent: NC CADCAM Systems Pty Ltd
Jurisdiction
Australia
Judgment Date
12 January 2017
Procedural Posture
Interlocutory Application / Orders on Interlocutory Application; Reasons Given
Outcome
Orders by consent/vacation of previous order; costs reserved
Legal Topics
Confidential Information, Preservation of Evidence, Interlocutory Relief, Undertaking as to Damages
Employment & Industrial Relations Confidential Information Preservation of Evidence Interlocutory Relief Undertaking as to Damages

Case Brief

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Parties

Central Innovation Pty Limited

Applicant

Gary Garner

First Respondent

NC CADCAM Systems Pty Ltd

Second Respondent

Procedural Posture

Interlocutory Application / Orders on Interlocutory Application; Reasons Given

Legal Issues

  1. 1 Whether certain commercially sensitive information has been transferred by the first respondent to the second respondent
  2. 2 Whether interlocutory relief regarding computer systems should be maintained or modified

Ratio Decidendi

It was reasonable for the applicant to institute these proceedings given the circumstances regarding possession of the relevant computer system, and appropriate to reserve costs as parties have reached agreement on interlocutory preservation orders.

Court Disposition

Orders by consent/vacation of previous order; costs reserved

Orders

  • Order 7 made by Dowsett J on 10 January 2017 be vacated upon the second respondent's undertaking
  • The costs of and incidental to the hearing on this day be reserved