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P Vid727 2010 200089
P Vid727 2010 200089
ORDER
(i) submit to such order (if any) as the Court may consider to be just for
the payment of compensation, to be assessed by the Court or as it may
direct, to any person whether or not a party, adversely affected by the
Prepared in the Victoria District Registry, Federal Court Of Australia, Owen Dixon Commonwealth Law Courts
Building, Level 7, 305 William Street, MELBOURNE VIC 3000, Telephone (03) 8600 3333.
operation of Orders 3 to 5 set out below or any continuation (with or
without variation); and
(ii) pay the compensation referred to in (a) to the person or persons there
referred to.
1.2 ORDERS that, until further order, the First, Second, Third and Fourth Respondents
and each of them, whether by themselves, their servants or agents, be restrained from
doing any of the following acts with respect to all and any Universal Serial Bus
devices described as "PSJailbreak" in Exhibit PJC-1 of the affidavit of Peter John
Chalk affirmed on 26 August 2010 and filed herein, as packaged, and distributed or
threatened to be distributed by the Respondents (PSJailbreak Devices):
(i) importing them into Australia with the intention of providing them to
another person;
save that it will not be a breach of Order 2(a) for the First or Second Respondent to
import all and any PSJailbreak Devices in respect of which any orders were placed
prior to 27 August 2010, provided that any such importation is subject to the
undertaking in paragraph 5 below.
1.3 ORDERS that the First, Second, Third and Fourth Respondents and each of them
deliver up to the solicitors for the Applicants, to be held until further order, any and
all PSJailbreak Devices in those Respondents' possession custody or control.
1.4 ORDERS that, until further order, the First, Second, Third and Fourth Respondents
and each of them continue to deliver up to the solicitors for the Applicants, to be held
until further order, any and all PSJailbreak Devices that come into those Respondents'
possession custody or control (including the sample device referred to in paragraph 7
of the Affidavit of the Second Respondent affirmed on 2 September 2010), forthwith
upon them doing so.
Prepared in the Victoria District Registry, Federal Court Of Australia, Owen Dixon Commonwealth Law Courts
Building, Level 7, 305 William Street, MELBOURNE VIC 3000, Telephone (03) 8600 3333.
1.5 NOTES the undertaking to the Court given by the First and Second Respondents by
their counsel:
(ii) to deliver up in accordance with Order 4 above to the solicitors for the
Applicants any PSJailbreak Devices received.
(i) to hold any such goods securely subject to any further order of the
Court; and
(ii) promptly to notify the solicitors for Respondents of the receipt of any
such goods and to supply copies of any documentation received with
them.
1.7 RESERVES LIBERTY to the parties to apply on 24 hours' notice, including for the
purpose of the First and Second Respondents giving notice on or after 9 September
2010 that they wish the matter to be relisted for the resumption of the Applicants'
application for interlocutory relief.
Prepared in the Victoria District Registry, Federal Court Of Australia, Owen Dixon Commonwealth Law Courts
Building, Level 7, 305 William Street, MELBOURNE VIC 3000, Telephone (03) 8600 3333.