Kockums AB v The Commonwealth of Australia [2001] FCA 398

FEDERAL COURT OF AUSTRALIA

Kockums AB v The Commonwealth of Australia [2001] FCA 398 INJUNCTION – Application for interlocutory injunction in respect of delivery of submarine propeller for modification in the United States – Whether serious question to be tried in respect of applicant's claim that delivery would result in breach of its copyright in drawings and specifications of the propeller and/or would constitute an unauthorised breach of confidence - Whether it appears applicant is the owner of copyright in the documents – Whether the effect of relevant contractual provisions is to vest copyright in one or other of the respondents – Whether there is evidence of actual or threatened infringement of copyright – Relevance of fact that proposed use of copyright is for the services of the Commonwealth – Whether delivery of propeller and/or documents constitutes an unauthorised disclosure of confidential information, in circumstances where these steps are being taken for purposes of national security and with security measures in place – Application dismissed. Copyright Act 1968, ss 10, 31, 35, 36, 183.

KOCKUMS AB v THE COMMONWEALTH OF AUSTRALIA and AUSTRALIAN SUBMARINE CORPORATION PTY LIMITED

N128 of 2001 WILCOX J 11 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N128 of 2001

BETWEEN: KOCKUMS AB

APPLICANT

AND: THE COMMONWEALTH OF AUSTRALIA

FIRST RESPONDENT

AUSTRALIAN SUBMARINE CORPORATION PTY LIMITED

SECOND RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 11 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant's application for interlocutory relief be dismissed. 2. The first respondent, the Commonwealth of Australia, be discharged from further compliance with so much of its undertaking to the Court of 20 February 2001 as precludes delivery of propeller Z9000, before 30 April 2001, to the United States government, or any agency or department of the United States government, or any contractor or subcontractor acting on behalf of the United States government. 3. The costs of the application for interlocutory relief (including the costs incurred in connection with the hearings on 16 and 20 February 2001) be respondents' costs in the principal proceeding. 4. The matter be listed for further directions at 9.30am on Friday, 27 April 2001.