Computer Interchange Pty Ltd v Microsoft Corporation [1999] FCA 198

FEDERAL COURT OF AUSTRALIA

Computer Interchange Pty Ltd v Microsoft Corporation [1999] FCA 198 PRACTICE AND PROCEDURE – Orders sought prohibiting party from actively publishing "any details of the proceedings" and other matters – material discovered on execution of ex parte Anton Pillar orders - consideration of the principle of open justice – application for order after such details of execution of ex parte orders recounted in open court – applicants concerned about reputation and trade - power of Court to make order – nature of exercise of discretion

Federal Court of Australia Act 1976 (Cth), ss 17, 23, 50 Federal Court of Australia Rules 1976 (Cth), Order 35, rule 1 Australian Broadcasting Corporation v Parish (1980) 43 FLR 129, applied Harman v Secretary of State for the Home Department (1983) 1 AC 280, referred to Nationwide News Pty Ltd v District Court of NSW (1996) 40 NSWLR 486, applied John Fairfax & Sons v Police Tribunal (1986) 5 NSWLR 465, applied John Fairfax Group v Local Court of NSW (1991) 26 NSWLR 131, referred to Raybos Australia Pty Ltd v Jones (1985) 2 NSWLR 47, applied Russell v Russell (1976) 134 CLR 495, referred to

COMPUTER INTERCHANGE PTY LTD & ANOR v MICROSOFT CORPORATION & ANOR

NG 864 of 1998

MADGWICK J

8 MARCH 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 864 OF 1998

BETWEEN: COMPUTER INTERCHANGE PTY LIMITED (CAN 052 497 506)

First Applicant

MEHRDAD SHETAB

Second Applicant

AND: MICROSOFT CORPORATION

First Respondent

MICROSOFT PTY LIMITED

Second Respondent

JUDGE: MADGWICK J

DATE: 8 MARCH 1999

PLACE: SYDNEY

SHORT MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The Notice of Motion is dismissed. 2. The applicants are to pay the respondents' costs of the Notice of Motion. 3. The respondents are relieved from their undertaking forthwith.