Roadshow Films Pty Ltd v iiNet Limited [2009] FCA 332

FEDERAL COURT OF AUSTRALIA

Roadshow Films Pty Ltd v iiNet Limited [2009] FCA 332 PRACTICE AND PROCEDURE –Pleadings –summary judgment and strike out – requirements of 'no reasonable prospect of success' – whether a strike out is more appropriate than summary judgment – s 31A Federal Court of Australia Act 1976 (Cth) – O 11 r 16 Federal Court Rules (Cth) INTELLECTUAL PROPERTY – Copyright – facts necessary to give rise to a claim of conversion – whether there is an 'infringing copy' – s 116 Copyright Act 1968 (Cth) PRACTICE AND PROCEDURE – Costs – whether both parties were partially successful – whether costs should be awarded to a party Copyright Act 1968 (Cth) ss 10, 86(c), 104, 116, 116AB, 116AC Federal Court of Australia Act 1976 (Cth) ss 31A, 43 Federal Court Rules (Cth) O 11 r 16, O 12 r 5(1)(b), O 13 r 4, O 29 r 2, O 58 r 16 Telecommunications Act 1997 (Cth) s 7 ACCC v Alice Car & Truck Rentals Pty Ltd (unreported, O'Loughlin J, 5 March 1997) referred to AWB Ltd v Honourable Terrance Rhoderic Hudson Cole (No 6) [2006] FCA 1274 followed Commonwealth Bank of Australia (ACN 123 123 124) v ACN 000 247 601 Pty Ltd (in liq) (formerly Stanley Thompson Valuers) [2006] FCA 1416 referred to Fortron Automotive Treatments Pty Ltd v Jones (No 2) [2006] FCA 1401 referred to General Steel Industries Inc v Commissioner for Railways (N.S.W.) and Others (1964) 112 CLR 125 referred to International Writing Institute Inc v Rimala Pty Ltd and Another (1995) 57 FCR 135 referred to Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd and Others (2008) 167 FCR 372 considered Jewiss v Deputy Commissioner of Taxation (2006) 65 ATR 222 cited Kowalski v MMAL Staff Superannuation Fund Pty Ltd (No 2) [2008] FCA 691 referred to Oakley v Lyster [1931] 1 KB 148 referred to Ruddock and Others v Vardarlis and Others (No 2) (2001) 115 FCR 229 referred to Universal Music Australia Pty Ltd v Cooper [2005] FCA 1878 followed Universal Music Australia Pty Ltd and Others v Cooper and Others (2005) 150 FCR 1 followed Universal Music Australia Pty Ltd and Others v Sharman Licence Holdings Ltd and Others 65 IPR 289 followed Venus Adult Shops Pty Ltd and Others v Fraserside Holdings Ltd and Another (2006) 157 FCR 442 referred to Wills v Australian Broadcasting Corporation (2009) 253 ALR 22 referred to ROADSHOW FILMS PTY LTD (ACN 100 746 870) and THE PARTIES IN THE ATTACHED SCHEDULE 1 v IINET LIMITED (ACN 068 628 937)