Industry Number Management Services Ltd. v. Objectif Telecommunications Ltd. [2001] NSWSC 330

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 24 April 2001
Procedural Posture: Equity Division Proceedings / Supplementary Judgment Following Main Judgment
Outcome: Supplementary declaratory relief; cost order made
Legal Topics: ['supply and Maintenance Agreement' 'intellectual Property' 'delivery of Source Code' 'software Development' 'subcontractor Obligations']

['contract'] ['supply and Maintenance Agreement' 'intellectual Property' 'delivery of Source Code' 'software Development' 'subcontractor Obligations']

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Procedural Posture

Equity Division Proceedings / Supplementary Judgment Following Main Judgment

Legal Issues

1 ['What source codes is Objectif required to deliver under clause 4.8?' 'Is Objectif bound to keep up-to-date the source codes delivered to INMS?' 'What services must Objectif be willing and able to provide to INMS to prevent activation of the licence under clause 4.6?' 'What are the terms (period and remuneration) upon which Objectif must provide those services?' 'On what terms are the source codes to be held by or on behalf of INMS upon delivery?']

Ratio Decidendi

Objectif is obliged to deliver source codes for release 37 as set out in the amended summons (except for codes not its property), as well as source codes for Objectif software for releases 38 and 39 if identified; Objectif need not deliver source codes for material changes post-subcontract; it must be willing to provide maintenance/support for both application and Objectif software for six months on reasonable remuneration. Source codes are to be held by INMS for six months, then returned, and notice of at least seven days with particulars is required before INMS may use the source codes claiming Objectif's unwillingness or inability.

Court Disposition

Supplementary declaratory relief; cost order made

Orders

['Objectif is to deliver the specified source codes for release 37, and for releases 38 and 39 as described, subject to not being required to deliver source codes not its property.' 'Liberty to apply reserved regarding disputes about Objectif software in releases 38/39.' 'Objectif is not bound to update source code...

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