Microsoft Corp v Goodview Electronics Pty Ltd [1999] FCA 754

FEDERAL COURT OF AUSTRALIA

Microsoft Corp v Goodview Electronics Pty Ltd [1999] FCA 754 PRACTICE AND PROCEDURE – Federal Court of Australia Act 1976 (Cth) – Anton Piller order – exceptional circumstances in which the Court will exercise its discretion to grant an Anton Piller order – Federal Court Practice Note 10 – appointment of independent solicitor Federal Court of Australia Act 1976 (Cth), s 23 Federal Court Rules, O 25 r 1, O 25 r 2

Federal Court Practice Note 10 Long v Specifier Publications Pty Ltd (1998) 44 NSWLR 545, considered Television Broadcasts Ltd v Nguyen (1988) 21 FCR 34, considered Anton Piller KG v Manufacturing Processors Ltd [1976] Ch 55, cited Gianitsios v Karagiannis (1986) 7 IPR 36, cited EFG Australia Ltd v Kennedy (unreported, Supreme Court of NSW, Bryson J, 2 August 1995), cited Universal Thermosensors Ltd v Hibben [1992] 1 WLR 840 at 861, cited MICROSOFT CORPORATION AND MICROSOFT PTY LIMITED v GOODVIEW ELECTRONICS PTY LIMITED AND KENG LIU N 145 of 1999

BRANSON J SYDNEY 4 JUNE 1999 (Publication of Reasons)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 145 of 1999

BETWEEN: MICROSOFT CORPORATION

First Applicant

MICROSOFT PTY LIMITED

Second Applicant

AND: GOODVIEW ELECTRONICS PTY LIMITED

(ACN: 077-222-096)

First Respondent

KENG LIU

Second Respondent

JUDGE: BRANSON J

DATE OF ORDER: 23 APRIL 1999

PUBLICATION OF REASONS: 4 JUNE 1999

PLACE: SYDNEY

THE COURT ORDERS THAT:

The application be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 145 of 1999

BETWEEN: MICROSOFT CORPORATION

First Applicant

MICROSOFT PTY LIMITED