Federal Court of Australia
CATCHWORDS
DISCOVERY AND INTERROGATORIES - Discovery - infringement of copyright previously declared - alternative remedies of damages or an account of respondent's profits remaining to be determined - time by which applicant must elect between remedies - whether applicant entitled to discovery of respondent's documents relating to its overheads, to enable applicant to make an "informed" election. COPYRIGHT - Remedies for Infringement - infringement previously declared - alternative remedies of damages or an account of respondent's profits remaining to be determined - election between remedies - whether applicant entitled to defer election (a) until after further reasons for judgment delivered, (b) until after further hearing, (c) until after discovery by respondent, or (d) at all - whether respondent must discover documents relating to its overheads so that applicant can make "informed" election. Copyright Act 1968 s 115 Betts v Neilson and Betts v De Vitre (1868) LR 3 Ch App 429 Weingarten Bros v Charles Bayer & Co (1905) 22 RPC 341 United Australia Ltd v Barclays Ltd [1941] AC 1 Thornton Hall Manufacturing Ltd v Shanton Apparel Ltd [1989] 3 NZLR 304 (CA) Minnesota Mining & Manufacturing Co v Colin Jeffries Pty Ltd (1992) 37 FCR 294 Gentry Homes Pty Ltd v Diamond Homes Pty Ltd (1993) AIPC 91-008 Island Records Ltd v Tring International Plc [1996] 1 WLR 1256 Tang Man Sit v Capacious Investments Ltd [1996] 2 WLR 192 Brugger v Medicaid [1996] FSR 362 Dart Industries Inc v Decor Corporation Pty Ltd (1993) 179 CLR 101 Neilson v Betts (1871) LR 5 HL 1 De Vitre v Betts (1873) LR 6 HL 319 LED BUILDERS PTY LTD v EAGLE HOMES PTY LTD No NG 817 of 1993 No NG 862 of 1994
Lindgren J Sydney 13 November 1996
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 817 of 1993 GENERAL DIVISION ) No NG 862 of 1994 BETWEEN: LED BUILDERS PTY LTD (ACN 002 351 957) Applicant AND: EAGLE HOMES PTY LTD (ACN 002 800 115) Respondent CORAM: Lindgren J PLACE: Sydney DATE: 13 November 1996
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