Federal Court of Australia
CATCHWORDS COPYRIGHT - application for summary dismissal of proceedings - whether reasonable cause of action disclosed - inappropriate for Court to determine without hearing evidence at trial. Copyright Act 1968 (Cth) s 14 and s 31(1)(a) Federal Court Rules O 20 r 2 General Steel Industries Inc v Commissioner for Railways (NSW) and Ors (1964) 112 CLR 125 Capro Group Pty Ltd v Janbrett Consultants Pty Ltd (1994) ATPR 41-298 Rees v Melville (1914) Macg Cop Cas 168 Ibcos Computers Ltd and Another v Barclays Mercantile Highland Finance Ltd and Others (1994) 29 IPR 25 No SG 7 of 1995 ALLAN PETERS v KIERSTEN LEA COULTER and MURRAY PARK THEATRE COMPANY INC. Branson J Adelaide 13 November 1995
IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 7 of 1995 ) GENERAL DIVISION ) BETWEEN: ALLAN PETERS Applicant - and - KIERSTEN LEA COULTER and MURRAY PARK THEATRE COMPANY INC. Respondents MINUTES OF ORDERS CORAM: Branson J PLACE: Adelaide DATE: 13 November 1995 THE COURT ORDERS THAT:- 1. The notice of motion dated 1 November 1995 be dismissed. 2. The respondents pay the applicant's costs of and incidental to that notice of motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 7 of 1995 ) GENERAL DIVISION ) BETWEEN: ALLAN PETERS Applicant - and - KIERSTEN LEA COULTER and MURRAY PARK THEATRE COMPANY INC. Respondents REASONS FOR DECISION CORAM: Branson J PLACE: Adelaide DATE: 13 November 1995 By notice of motion dated 1 November 1995 the respondent seeks an order that these proceedings be dismissed on the basis that no reasonable cause of action is disclosed. Order 20 rule 2(1) of the Federal Court Rules states as follows:- "(1)Where in any proceeding it appears to the Court that in relation to the proceeding generally or in relation to any claim for relief in the proceeding:- (a) no reasonable cause of action is disclosed; (b) the proceeding is frivolous or vexatious; or (c) the proceeding is an abuse of the process of the Court,
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