Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tonnex International Pty Ltd v Dynamic Supplies Pty Ltd [2012] FCAFC 162 Citation: Tonnex International Pty Ltd v Dynamic Supplies Pty Ltd [2012] FCAFC 162
Appeal from: Dynamic Supplies Pty Limited v Tonnex International Pty Limited [2011] FCA 362
Parties: TONNEX INTERNATIONAL PTY LTD (ACN 085 148 438) v DYNAMIC SUPPLIES PTY LTD (ACN 064 793 862)
File number: NSD 1012 of 2011
Judges: MCKERRACHER, REEVES AND NICHOLAS JJ
Date of judgment: 16 November 2012
Catchwords: COPYRIGHT – finding by primary judge that copyright subsisted in compatibility chart for consumables used in computers and printers – whether original compilation – whether sufficient skill, judgment and labour involved in selection and arrangement of information by employee – significance of failure to cross-examine – whether open to primary judge to make finding that compatibility chart was an original compilation – appeal dismissed. APPEAL AND NEW TRIAL – interlocutory application for leave to amend notice of appeal filed after hearing of appeal – where leave sought to amend notice of appeal to seek order for retrial on issue of subsistence of copyright – where purpose of retrial to allow exploration of factual matters not explored by the appellant's counsel at trial – where new trial sought in circumstances where no error by primary judge – principle of finality – application for leave to amend notice of appeal dismissed – indemnity costs ordered.
Legislation: Trade Practices Act 1974 (Cth) ss 52, 53(a), 53(c), 53(eb) Federal Court of Australia Act 1976 (Cth) s 27 Copyright Act 1968 (Cth) s 32(2)
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