Microsoft Corporation v Crosslink Marketing Group (CMG) Pty Limited [2005] FCA 1220

FEDERAL COURT OF AUSTRALIA

Microsoft Corporation v Crosslink Marketing Group (CMG) Pty Limited [2005] FCA 1220 MICROSOFT CORPORATION, MICROSOFT PTY LIMITED AND MICROSOFT LICENSING GP v CROSSLINK MARKETING GROUP (CMG) PTY LIMITED, KELL WALKER, ROSALIND SUMNER aka PEE LOO TAN, WAYNE SUMNER NSD 1325 OF 2004 DOWSETT J 19 AUGUST 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD 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

FIRST RESPONDENT

KELL WALKER

SECOND RESPONDENT

ROSALIND SUMNER aka PEE LOO TAN

THIRD RESPONDENT

WAYNE SUMNER

FOURTH RESPONDENT

AND KELL WALKER

FIRST CROSS-CLAIMANT

CROSSLINK MARKETING GROUP (CMG) PTY LIMITED

SECOND CROSS-CLAIMANT

MICROSOFT CORPORATION

CROSS RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 19 AUGUST 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The notice of motion filed on 26 July 2005 by the first and second respondents be dismissed.

2. The first and second respondents pay the costs of and incidental to the motion on an indemnity basis, being the costs incurred by the first, second, and third applicants. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD 1325 OF 2004

BETWEEN: MICROSOFT CORPORATION

FIRST APPLICANT

MICROSOFT PTY LIMITED

SECOND APPLICANT