Microsoft Corporation v Crosslink Marketing Group (CMG) Pty Ltd [2005] FCA 216

FEDERAL COURT OF AUSTRALIA

Microsoft Corporation v Crosslink Marketing Group (CMG) Pty Ltd [2005] FCA 216 MICROSOFT CORPORATION, MICROSOFT PTY LIMITED AND MICROSOFT LICENSING, GP v CROSSLINK MARKETING GROUP (CMG) PTY LIMITED t/as MAGIC COMPUTERS, KELL WALKER, ROSALIND SUMNER aka PEE LOO TAN AND WAYNE DAVID SUMNER N 1325 OF 2004 DOWSETT J 9 FEBRUARY 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY N 1325 OF 2004

BETWEEN: MICROSOFT CORPORATION

FIRST APPLICANT

MICROSOFT PTY LIMITED

SECOND APPLICANT

MICROSOFT LICENSING, GP

THIRD APPLICANT

AND: CROSSLINK MARKETING GROUP (CMG) PTY LIMITED t/as MAGIC COMPUTERS

FIRST RESPONDENT

KELL WALKER

SECOND RESPONDENT

ROSALIND SUMNER aka PEE LOO TAN

THIRD RESPONDENT

WAYNE DAVID SUMNER

FOURTH RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 9 FEBRUARY 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: (1) The first and second respondents make discovery on oath of all documents in its/his possession, power or custody which are relevant to the matters in issue between the parties in these proceedings; (2) The second respondent produce for inspection by the applicants all documents in his possession, custody or power which documents are the property of the first respondent and relate to the matters in issue in these proceedings; [So as to be clear, I indicate that, upon what Mr Walker has told me, it seems that all possibly relevant documents which he has in his possession are the property of the company.] (3) The applicants, within seven days, deliver to the first and second respondents, copies of hot line reports received by them concerning the conduct of the business of the first respondent, save for documents referred to in the letters of 9 August and 6 October 2004 from Trademark Investigation Services to Harris and Company in respect of which documents I uphold the applicants' claim to legal professional privilege; (4) The applicants furnish a further affidavit relating to any other claim to privilege concerning private investigators' reports on or before 16 February 2005; (5) The trial be listed for hearing for five days commencing on Monday 27 June 2005; (6) The applicants file and serve their affidavits on or before 31 March 2005; (7) The respondents file and serve their affidavits on or before Friday, 13 May 2005; (8) Costs reserved; (9) The exhibits to the affidavit of Mr Hansen, filed on 8 February 2005, be returned to the applicants' solicitors upon their undertaking to maintain them in their current form until the final resolution of this matter, including any appeal or application for leave or special leave to appeal, and to reproduce them to this Court or to the High Court in the event that there is any request that they be so produced. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.