Schutz DSL (Australia) Pty Ltd (ACN 009 069 907) v VIP Plastic Packaging Pty Ltd
[2009] FCA 1195
At a glance
Source factsCourt
Federal Court of Australia
Decision date
2009-10-21
Before
McKerracher J
Source
Original judgment source is linked above.
Judgment (7 paragraphs)
INTRODUCTION 1 On 6 October 2009, (amongst others) I made the following order in this proceeding: Upon the applicants' giving the usual undertaking as to damages and further undertaking not to correspond with any third party disclosed as a result of order 1 of these orders until the parties have agreed or the Court has made an order in relation to the form of any correspondence or communication with such third parties, 1. Within 7 days of these orders, the respondents by their proper officer file and serve an affidavit specifying the names, addresses, telephone numbers and email addresses of those of its customers to whom they have sold Composite Intermediate Bulk Containers suitable for use in the transport of dangerous goods manufactured by the first or second applicants, or their agents or licensees, which contain inner plastic containers manufactured by persons other than the first or second applicants (DG IBCs). 2 Subsequently, VIP filed and served an affidavit in compliance with that order identifying five customers to whom there had been sales of cross-bottled Composite Immediate Bulk Containers for use in the transport of dangerous goods (DG IBCs). 3 Solicitors for Schutz wrote to VIP on 5 October 2009 enclosing a draft of a letter which Schutz proposed sending to the five customers. A copy of that letter is annexed as Attachment 'A'. 4 VIP responded setting out those parts of the letter to which it objected, suggesting amendments in a marked up or tracked version. That version is attached as Attachment 'B'. An unmarked copy of that letter is also annexed as Attachment 'C'. 5 Some matters have been agreed, others have not.