Microsoft Corporation v Ezy Loans Pty Ltd [2002] FCA 1425

FEDERAL COURT OF AUSTRALIA

Microsoft Corporation v Ezy Loans Pty Ltd [2002] FCA 1425 Federal Court of Australia Act 1976 (Cth) ss 53A, 53C MICROSOFT CORPORATION, MICROSOFT PTY LIMITED AND MICROSOFT LICENSING INC v EZY LOANS PTY LTD TRADING AS HARMONY TELECOMMUNICATIONS AND BUSINESS EQUIPMENT AND EARL SEYMOUR DAVIS N1129 OF 2001 COOPER J BRISBANE 18 OCTOBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY N1129 OF 2001

BETWEEN: MICROSOFT CORPORATION

FIRST APPLICANT

MICROSOFT PTY LIMITED

(ACN 002 589 460)

SECOND APPLICANT

MICROSOFT LICENSING, INC

THIRD APPLICANT

AND: EZY LOANS PTY LTD (ACN 093 279 826)

TRADING AS HARMONY TELECOMMUNICATIONS AND BUSINESS EQUIPMENT

FIRST RESPONDENT

EARL SEYMOUR DAVIS

SECOND RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 18 OCTOBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: (1) The notice of motion filed by the first and second respondents on 4 October 2002 is dismissed. (2) The first and second respondents pay the applicant's costs of and incidental to the notice of motion to be taxed if not agreed. (3) These proceedings be referred to the Honourable Justice Dowsett of this court for mediation in respect of the matters arising in the proceedings with a view to settling the same or identifying any issues which may be settled between the parties, and for that purpose, his Honour have the protections and immunities provided for by s 53C of the Federal Court of Australia Act 1976 (Cth). (4) The parties attend before his Honour for mediation at 2.15 pm on Monday, 21 October 2002 on the 7th level of the Commonwealth Law Courts Building, Brisbane.