Sony Music Entertainment (Australia) Limited v University of Tasmania [2003] FCA 929

FEDERAL COURT OF AUSTRALIA

Sony Music Entertainment (Australia) Limited v University of Tasmania [2003] FCA 929 PRACTICE AND PROCEDURE – application seeking orders that respondent reveal date at which overwriting of data took place – routine overwriting disclosed by respondent – no specific order compelling cessation of routine overwriting – allegation of possible contempt – administration of justice – integrity of Court process – whether information relating to dates at which data recorded on backup tapes was overwritten should be provided to the applicants Lane v Registrar of the Supreme Court (NSW) (1982) 148 CLR 245 discussed BT Australasia Pty Ltd v State of New South Wales [1998] FCA 363 distinguished SONY MUSIC ENTERTAINMENT (AUSTRALIA) LIMITED, UNIVERSAL MUSIC AUSTRALIA PTY LIMITED AND EMI MUSIC AUSTRALIA PTY LIMITED v UNIVERSITY OF TASMANIA, THE UNIVERSITY OF SYDNEY, THE UNIVERSITY OF MELBOURNE N128 OF 2003 TAMBERLIN J SYDNEY 4 SEPTEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 128 OF 2003

BETWEEN: SONY MUSIC ENTERTAINMENT (AUSTRALIA) LIMITED (ACN 000 033 581)

FIRST APPLICANT

UNIVERSAL MUSIC AUSTRALIA PTY LIMITED

(ACN 000 158 592)

SECOND APPLICANT

EMI MUSIC AUSTRALIA PTY LIMITED

(ACN 000 070 235)

THIRD APPLICANT

AND: UNIVERSITY OF TASMANIA

FIRST RESPONDENT

THE UNIVERSITY OF SYDNEY

SECOND RESPONDENT

THE UNIVERSITY OF MELBOURNE

THIRD RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 4 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The Notice of Motion filed by the applicants on 1 September 2003 is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.