Knight v Beyond Properties Pty Ltd (No 2) [2006] FCA 192

FEDERAL COURT OF AUSTRALIA

Knight v Beyond Properties Pty Ltd (No 2) [2006] FCA 192

PRACTICE AND PROCEDURE – parties – application for leave to join additional respondents – substantive application seeking relief in respect of alleged contraventions of s 52 of Trade Practices Act 1974 (Cth) and for passing off – allegation by applicant of reputation in Australia in connection with common law mark 'mythbusters' – existing claim relating to production of 'mythbusters' television series – proposed new claim relating to publishing of two 'mythbusters' books – no connection between publishers of books sought to be added as respondents, and existing respondents – issue of applicant's reputation in Australia common to both television series claim and books claim – Federal Court Rules O 6 r 2 – whether rights to relief 'are in respect of or arise out of the same transaction or series of transactions'.

Federal Court Rules O 6 r 2

Bishop v Bridgelands Securities Ltd (1990) ATPR–§41-060 cited Payne v Young (1980) 145 CLR 609 cited

ANDREW KNIGHT v BEYOND PROPERTIES PTY LTD & ORS NSD 131 of 2005 LINDGREN J 10 MARCH 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 131 OF 2005

BETWEEN: ANDREW KNIGHT

APPLICANT

AND: BEYOND PROPERTIES PTY LTD (ACN 002 861 458)

FIRST RESPONDENT

BEYOND INTERNATIONAL LTD (ACN 003 174 409)

SECOND RESPONDENT

DISCOVERY COMMUNICATIONS INC

THIRD RESPONDENT

SPECIAL BROADCASTING SERVICE CORPORATION (SBS) (ABN 91 314 398 574)

FOURTH RESPONDENT

FOXTEL MANAGEMENT PTY LTD (ACN 068 671 938)

FIFTH RESPONDENT

BEYOND PROPERTIES PTY LTD (ACN 002 861 458)

FIRST CROSS-CLAIMANT