Schutz DSL (Australia) Pty Ltd v VIP Plastic Packaging Pty Ltd (No 10) [2011] FCA 1107

Schutz DSL (Australia) Pty Ltd v VIP Plastic Packaging Pty Ltd (No 10) [2011] FCA 1107

No breach of the Court undertakings occurred because those undertakings applied only to IBCs cross-bottled by VIP with a new inner bottle manufactured by VIP, not to mere reconditioning or washing of previously cross-bottled IBCs by third parties. No material change in circumstances warranted revisiting or extending the scope of prior orders. The arguments and evidence did not demonstrate a pattern of disregard by VIP or relevant risk to public safety.

Parties
First Applicant/cross Respondent: Schutz DSL (Australia) Pty Ltd (ACN 009 069 907); Second Applicant/cross Respondent: Schutz GmbH & Co KGAA; Third Applicant/cross Respondent: Protechna S.A.; First Respondent/cross Claimant: VIP Plastic Packaging Pty Ltd (ACN 095 313 705); Second Respondent/cross Claimant: VIP Steel Packaging Pty Ltd (ACN 095 314 195)
Jurisdiction
Australia
Judgment Date
27 September 2011
Procedural Posture
Interlocutory Motion / Dismissal of Injunctive Motion
Outcome
motion dismissed with costs
Legal Topics
Injunctions, Undertakings, Construction of Undertakings, Interlocutory Orders, Breach of Undertaking
Practice and Procedure Injunctions Undertakings Construction of Undertakings Interlocutory Orders Breach of Undertaking

Case Brief

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Parties

Schutz DSL (Australia) Pty Ltd (ACN 009 069 907)

First Applicant/cross Respondent

Schutz GmbH & Co KGAA

Second Applicant/cross Respondent

Protechna S.A.

Third Applicant/cross Respondent

VIP Plastic Packaging Pty Ltd (ACN 095 313 705)

First Respondent/cross Claimant

VIP Steel Packaging Pty Ltd (ACN 095 314 195)

Second Respondent/cross Claimant

Procedural Posture

Interlocutory Motion / Dismissal of Injunctive Motion

Legal Issues

  1. 1 Whether VIP breached undertakings regarding cross-bottled Intermediate Bulk Containers (IBCs)
  2. 2 Construction of terms of Court undertakings regarding sale/distribution/labelling of IBCs
  3. 3 Whether circumstances have changed to warrant revisiting interlocutory orders

Ratio Decidendi

No breach of the Court undertakings occurred because those undertakings applied only to IBCs cross-bottled by VIP with a new inner bottle manufactured by VIP, not to mere reconditioning or washing of previously cross-bottled IBCs by third parties. No material change in circumstances warranted revisiting or extending the scope of prior orders. The arguments and evidence did not demonstrate a pattern of disregard by VIP or relevant risk to public safety.

Court Disposition

motion dismissed with costs

Orders

  • The applicants/cross-respondents' motion to restrain the respondents/cross-claimants' cross-bottling dated 3 June 2011 be dismissed with costs.