Universal Music Australia Pty Ltd v Cooper [2004] FCA 78

FEDERAL COURT OF AUSTRALIA

Universal Music Australia Pty Ltd v Cooper [2004] FCA 78 PRACTICE AND PROCEDURE - addition and removal of parties - applications for joinder and removal of parties in proceeding for copyright infringement and misleading and deceptive conduct - (CTH) Federal Court Rules O 6, rr 8 and 9 - rules confer discretion - test to be applied - where claim so obviously untenable it cannot possibly succeed - case against party seeking to be removed not manifestly untenable - company officers and employees - personal liability - test - "authorised, procured or directed" - case against parties to be joined not manifestly untenable - application for removal dismissed - application for joinder granted. Copyright Act 1968 (Cth) Trade Practices Act 1974 (Cth) Fair Trading Act 1987(NSW)

Review Australia Pty Limited v Redberry Enterprises Pty Limited [2003] FCA 1009 cited Tytel Pty Limited v Australian Telecom Commission (1988) 11 IPR 223 cited General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 applied Lotus Development Corporation v Mayne Nicholas Limited (1991) 100 ALR 167 refererd to ICI Australia Operations Pty Limited v Trade Practices Commission (1992) 110 ALR 47 distinguished Microsoft Corporation v Auschina Polaris Pty Limited (1996) 71 FCR 231 discussed Sony Music Entertainment (Aust) Limited v CEL Music Pty Limited (in liq) [2002] FCA 193 cited Henley Arch Pty Limited v Clarendon Homes (Aust) Pty Limited (1998) 41 IPR 443 cited

UNIVERSAL MUSIC AUSTRALIA PTY LIMITED, EMI MUSIC AUSTRALIA PTY LIMITED, SONY MUSIC ENTERTAINMENT (AUSTRALIA) LIMITED, WARNER MUSIC AUSTRALIA PTY LIMITED, BMG AUSTRALIA LIMITED, FESTIVAL RECORDS PTY LIMITED AND MUSHROOM RECORDS PTY LIMITED TRADING AS FESTIVAL MUSHROOM RECORDS v

STEPHEN COOPER, E-TALK COMMUNICATIONS PTY LIMITED TRADING AS COMCEN INTERNET SERVICES, COM-CEN PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT)