The Federal Court of Australia has discharged ODMA’s “urgent application” against its former events management company, Expertise Events. The Optical Distributors and Manufacturers Association (ODMA) had alleged that Expertise Events misused its “customer database”.
On 3 March 2017, Justice Burley of the Federal Court of Australia ruled against ODMA, ordering that the injunction be discharged in its entirety, and found that ODMA had not made out its claims for an injunction.
Justice Burley said the evidence was that claimed losses would be because of the competition that a new fair brings rather than any alleged misuse of ODMA’s intellectual property. His Honour held that the evidence did not establish the claim that Expertise Events used the data for the purpose of diverting ODMA business to Silmo. Rather, the Judge found that the evidence suggested that Expertise Events had independently created its exhibitor lists from internet sites.
Commenting on the Court’s ruling, Gary Fitz-Roy, organiser of Silmo Sydney Optical Fair said, “I am very happy because not only does it show we have done nothing wrong, it means ODMA’s own members will not be affected because a number of them are exhibiting at Silmo Sydney. ODMA’s actions could have potentially harmed its own members’ results”.
“Some of ODMA’s own members are supporting a new and exciting fair as well as a number of optical wholesalers who have never exhibited at an Australian optical fair. There needs to be proper competition in this space, so people have choice. It is a shame that ODMA has spent so much money in legal fees in going to Court over this”, said Mr. Fitz-Roy.
His Honour ruled that ODMA’s submissions concerning diversion of its business, and harms flowing from that, were speculative but added that the question of whether they could be made out at a final hearing was a question for another day.
Further, Justice Burley found that the evidence did not indicate any material harm would occur to ODMA if the injunction was discharged, that any loss would be compensable in damages and that the evidence did not establish ODMA’s claims regarding the Expertise Events’ use of information to promote Silmo Sydney.
ODMA obtained a stay of that order and told the Court that they wanted a chance to appeal Justice Burley’s ruling.
Mr. Fitz-Roy said, “I am sure many people in the industry – including optometrists, optical dispensers and other professionals – along with its own members will now ask what was achieved by ODMA initiating an injunction without notice and incurring legal costs that could amount to tens of thousands of dollars, especially given the threat of an appeal.”
“I am also sure that most people would believe that ODMA’s money would be better spent on promoting the success of independent optometry practices and other optical wholesalers rather than being concerned about our new and exciting trade fair.”
“We know the market wants something new that will spark up and excite the industry, excite but most importantly deliver new brands for the industry and for consumers. Silmo Sydney fair will seek to unite the industry not divide it” said Mr. Fitz-Roy.
Silmo Sydney is set to open Thursday 9 March at the new International Convention Centre and according to Mr. Fitz-Roy, nearly half of the brands and companies that will be exhibiting have either never exhibited in Australia before or have not been seen in the last decade. “We have and are focussed on the positive energy and delivering the market something different,” he said.
