Sony Computer Entertainment Australia Pty Ltd v Wright [2000] FCA 1933

FEDERAL COURT OF AUSTRALIA

Sony Computer Entertainment Australia Pty Ltd v Wright [2000] FCA 1933

SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD & ANOR v DESMOND WRIGHT N1088 of 2000

MADGWICK J 5 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1088 of 2000

BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD

FIRST APPLICANT

KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT

SECOND APPLICANT

AND: DESMOND WRIGHT

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 5 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to s 137(3)(b) of the Trade Marks Act 1995 (Cth) the 380 CD-ROMs seized on 4 September 2000 by the Australian Customs Service (ACS Reference Number V00/03134) be forfeited to the Commonwealth. 2. The proceedings be otherwise dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1088 of 2000

BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD

FIRST APPLICANT

KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT

SECOND APPLICANT

AND: DESMOND WRIGHT

RESPONDENT

JUDGE: MADGWICK J

DATE: 5 DECEMBER 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this matter I am satisfied that all reasonable efforts, short of substituted service by way of advertisement, have been taken to serve the respondent. 2 The material before me suggests that a nom de guerre has been employed by the importer of what appear to be the infringing items and I think that the prospects of requiring substituted service producing anybody to defend these proceedings are nil. 3 Accordingly it seems to me that I should make orders in accordance with the short minutes, which I will do. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.