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. Associate: Dated: 12 January 2001 Counsel for the Applicants: S Dowling Solicitor for the Applicant: Allen Allen & Hemsley No appearance for the Respondent Date of Hearing: 5 December 2000 Date of Judgment: 5 December 2000