Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Warner Music Australia Limited v Swiftel Communications Pty Limited [2005] FCA 1127
PRACTICE AND PROCEDURE – application for joinder of additional respondents in proceedings for copyright infringement and misleading and deceptive conduct – whether appropriate to consider application under O 6 r 8 or O 6 r 2 of the Federal Court Rules – whether discretion to grant leave to join additional respondents should be exercised – application for joinder granted.
Federal Court Rules O 6 r 2, O 6 r 4, O 6 r 8
Trade Practices Commission v Westco Motors (Distributors) Pty Ltd (1981) 58 FLR 384 followed Universal Music Australia Pty Ltd v Cooper [2004] FCA 78 not followed
WARNER MUSIC AUSTRALIA LIMITED, UNIVERSAL MUSIC AUSTRALIA PTY LIMITED, EMI MUSIC AUSTRALIA PTY LIMITED AND SONY BMG MUSIC ENTERTAINMENT (AUSTRALIA) PTY LIMITED vSWIFTEL COMMUNICATIONS PTY LIMITED, SWIFT BROADBAND PTY LIMITED, PEOPLE TELECOMMUNICATIONS PTY LIMITED AND PEOPLE TELECOM LIMITED NSD 912 of 2005 BRANSON J 16 AUGUST 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 912 of 2005
BETWEEN: WARNER MUSIC AUSTRALIA LIMITED
FIRST APPLICANT
UNIVERSAL MUSIC AUSTRALIA PTY LIMITED
SECOND APPLICANT
EMI MUSIC AUSTRALIA PTY LIMITED
THIRD APPLICANT
SONY BMG MUSIC ENTERTAINMENT (AUSTRALIA) PTY LIMITED
FOURTH APPLICANT
AND: SWIFTEL COMMUNICATIONS PTY LIMITED
FIRST RESPONDENT
SWIFT BROADBAND PTY LIMITED
SECOND RESPONDENT
PEOPLE TELECOMMUNICATIONS PTY LIMITED
THIRD RESPONDENT
PEOPLE TELECOM LIMITED
FOURTH RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 24 JUNE 2005
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