Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Review Australia Pty Ltd v Redberry Enterprise Pty Ltd [2003] FCA 1009 PRACTICE AND PROCEDURE – application forjoinder in copyright infringement proceedings – whether arguable case against directors applicant seeks to join – whether directors had actual or constructive knowledge of infringement Copyright Act 1968 (Cth) ss 37, 38 Federal Court Rules O 6 r 8 Tytel Pty Ltd v Australian Telecommunications Commission (1988) 11 IPR 223 followed General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 referred to Milpurrurru v Indofurn Pty Ltd (1994) 30 IPR 209 followed Allen Manufacturing Co Pty Ltd and Another v McCallum & Co Pty Ltd (2001) 53 IPR 400 referred to Dixon Projects Pty Ltd v Hallmark Homes Pty Ltd [2002] FCA 1206 referred to Lahore, Copyright and Designs at [34,880] REVIEW AUSTRALIA PTY LTD v REDBERRY ENTERPRISE PTY LTD V387 of 2002 REVIEW AUSTRALIA PTY LTD v XOXOXO TRADING PTY LTD V388 of 2002 HEEREY J 26 SEPTEMBER 2003 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V387 OF 2002
BETWEEN: REVIEW AUSTRALIA PTY LTD ACN 067 634 360
APPLICANT
AND: REDBERRY ENTERPRISE PTY LTD ACN 093 946 260
RESPONDENT
V388 OF 2002 BETWEEN: REVIEW AUSTRALIA PTY LTD ACN 067 634 360
APPLICANT
AND: XOXOXO TRADING PTY LTD ACN 083 735 488
RESPONDENT
DATE OF ORDER: 26 SEPTEMBER 2003
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. D & L Design Pty Ltd be joined as a respondent in the proceeding V387 of 2002 and Redberry Enterprise Pty Ltd, Hot Chilli Group Pty Ltd and D & L Design Pty Ltd be joined as respondents in the proceeding V388 of 2002. 2. There be leave to file and serve amended applications and statements of claim consistent with these reasons. 3. The motions by notice dated 17 June 2003 are otherwise dismissed. 4. The applicant in each motion pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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