Ly v Commonwealth Director of Public Prosecutions [2001] FCA 211

FEDERAL COURT OF AUSTRALIA

Ly v Commonwealth Director of Public Prosecutions [2001] FCA 211

THANH DAI LY v COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS N953 of 2000 THANH HAO LY v COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS N954 of 2000 TAMBERLIN J SYDNEY 28 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N953 of 2000

and N954 of 2000

BETWEEN: THANH DAI LY

FIRST APPLICANT

THANH HAO LY

SECOND APPLICANT

AND: COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

RESPONDENT

JUDGE: TAMBERLIN J

DATE: 28 FEBRUARY 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 I have before me a Notice of Motion to substitute three respondents for the presently named respondent which is the Commonwealth Director of Public Prosecutions in matters number N953 of 2000 and N954 of 2000. These matters are appeals in relation to convictions under the Copyright Act 1968. Having read the affidavit of Simon Paul Mitchell, and having heard submissions from counsel and the present respondent, I am satisfied that the appropriate respondents in this matter are the two persons named in the Notice of Motion, namely Grant Raper and Glenn Jenkins, and I am also satisfied that in view of the fact that there is to be a jurisdictional argument that it is appropriate to join the Magistrate in this matter in her capacity as the Presiding Magistrate. The Commonwealth Director of Public Prosecutions should be removed as a party. 2 Accordingly, I make orders in accordance with the Notice of Motion filed on 16 February. The orders which are made are orders one and three in that Motion. 3 I will reserve any question of costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.