Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Microsoft Corporation & Ors v Ben Zhong Fan [2003] FCA 1026
EVIDENCE – legal professional privilege at common law – dominant purpose - real prospect of litigation PRACTICE AND PROCEDURE – whether discovery "necessary"
Evidence Act 1995 (Cth), s 119 Federal Court Rules, O15 r15
ACCC v Australian Safeways Stores Pty Ltd (1998) 81 FCR 526 not followed Commissioner of Taxation v Pratt Holdings Pty Ltd (2003) 195 ALR 717 referred to Commonwealth of Australia v Northern Land Council (1991) 30 FCR 1 referred to Esso Australia Resources Limited v Commissioner of Taxation of the Commonwealth of Australia (1999) 201 CLR 49 applied Grant v Downs (1976) 135 CLR 674 applied Hartogen Energy Limited v the Australian Gas Light Company (1992) 36 FCR 557 applied Mitsubishi Electric Australia Pty Ltd v Victorian Workcover Authority (2002) 4 VR 332 applied Sparnon v Apand Pty Limited (1996) 68 FCR 322 referred to Trade Practices Commission v CC (New South Wales) Pty Ltd and Ors (No4) (1995) 131 ALR 581 referred to Trade Practices Commission v Port Adelaide Wool Company Pty Limited (1995) 60 FCR 366 applied Ventouris v Mountain [1991] 1 WLR 607 referred to MICROSOFT CORPORATION, MICROSOFT PTY LIMITED AND MICROSOFT LICENSING INC v BEN ZHONG FAN TRADING AS BIGBEN COMPUTER N201 of 2002 JACOBSON J 10 OCTOBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 201 of 2002
BETWEEN: MICROSOFT CORPORATION
FIRST APPLICANT
MICROSOFT PTY LIMITED
(ABN 29 002 589 460)
SECOND APPLICANT
MICROSOFT LICENSING INC
THIRD APPLICANT
AND: BEN ZHONG FAN TRADING AS
BIGBEN COMPUTER
RESPONDENT
JUDGE: JACOBSON J
DATE OF ORDER: 10 OCTOBER 2003
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