Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Racing & Wagering Western Australia v Software AG (Australia) Pty Ltd
[2007] FCA 1345 PLEADINGS – application to strike out part of statement of claim – whether not disclosing a reasonable cause of action – pleading struck out. COPYRIGHT – section 202(1) Copyright Act 1968 (Cth) - whether unjustifiable threat disclosed by pleading.
Copyright Act 1968 (Cth), s 202(1) Patents Act 1990 (Cth), s 128(1) Australian Consulting and Training Pty Ltd v Tiltform Pty Ltd [2001] FCA 1072 referred to RACING AND WAGERING WESTERN AUSTRALIA v SOFTWARE AG (AUSTRALIA) PTY LTD WAD 304 OF 2006
GILMOUR J
5 JUNE 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 304 OF 2006
BETWEEN: RACING AND WAGERING WESTERN AUSTRALIA
Applicant
AND: SOFTWARE AG (AUSTRALIA) PTY LTD
Respondent
JUDGE: GILMOUR J DATE OF ORDER: 5 JUNE 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The Minute of Proposed Re-amended Statement of Claim dated 3 April 2007 stand as the Re-amended Statement of Claim. 2. Service of the Re-amended Statement of Claim be dispensed with. 3. Paragraph 7B of the Re-amended Statement of Claim be struck out. 4. The words '…and the Applicant thereby says that the Threats as pleaded in the preceding paragraph are unjustifiable within the meaning of section 202 of the Copyright Act 1968' be struck out from paragraph 7C of the Re-amended Statement of Claim. 5. The applicant, Racing and Wagering Western Australia, pay the costs of the respondent, Software, in respect of this motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 304 OF 2006
BETWEEN: RACING AND WAGERING WESTERN AUSTRALIA
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