Microsoft Corporation & Anor v Adelong Electronics Pty Ltd [1997] FCA 103

CATCHWORDS PRACTICE AND PROCEDURE - amendment of pleading - discovery - "trap" purchase of personal computer from trader - evidence of loading of computer programs onto hard disk in infringement of copyright in the programs - whether copyright owner entitled to widen allegations in statement of claim to encompass earlier course of infringement, instances of which not presently known, in addition to infringement associated with "trap" order - whether abuse of process to widen allegation in pleading in order to obtain discovery by alleged infringer of documents relating to earlier infringements. MICROSOFT CORPORATION & ANOR v ADELONG ELECTRONICS PTY LIMITED No NG 422 of 1996 Lindgren J Sydney 11 February 1997

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 422 of 1996 GENERAL DIVISION ) BETWEEN: MICROSOFT CORPORATION First Applicant MICROSOFT PTY LIMITED Second Applicant AND: ADELONG ELECTRONICS PTY LIMITED Respondent CORAM: Lindgren J PLACE: Sydney DATE: 11 February 1997 MINUTE OF ORDERS THE COURT ORDERS: 1. That the applicants be granted leave to amend the Statement of Claim filed herein in the form of the proposed amended Statement of Claim annexed and marked "C" to the affidavit of Faye Evelyn Chatillon sworn on 11 November 1996. 2. THAT the respondent give verified discovery by 8 April 1997 of all documents falling within the following categories: (a) all documents relating to the respondent's purchase of Microsoft Programs (as defined in the statement of claim) from 1 March 1993 to 24 May 1996; (b) all documents relating to the respondent's supply of Microsoft Programs from 1 March 1993 to 24 May 1996; and (c) all documents relating to the respondent's sale of personal computers from 1 March 1993 to 24 May 1996. 3. THAT the respondent pay the applicants' costs of the motion. 4. THAT the applicants pay any costs of the respondent thrown away by the making of the amendment. 5. THAT the matter stand over until 18 April 1997 at 9.30 am before Lindgren J for further directions. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.