Digital Cinema Network Pty Limited v Omnilab Media Pty Limited [2013] FCA 497

FEDERAL COURT OF AUSTRALIA

Digital Cinema Network Pty Limited v Omnilab Media Pty Limited [2013] FCA 497 Citation: Digital Cinema Network Pty Limited v Omnilab Media Pty Limited [2013] FCA 497

Parties: DIGITAL CINEMA NETWORK PTY LIMITED (ACN 132 404 481) v OMNILAB MEDIA PTY LIMITED (ACN 002 585 391), OMNILAB CINEMA SERVICES PTY LTD (ACN 145 363 855) and MICHAEL GEOFFREY SMITH

File number: VID 813 of 2010

Judge: GORDON J

Date of judgment: 24 May 2013

Date of hearing: Determined on the papers

Place: Melbourne

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 12

Solicitor for the Applicant: Corrs Chambers Westgarth

Solicitor for the First and Second Respondents: Holding Redlich

Solicitor for the Third Respondent: Garland Hawthorn Brahe

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 813 of 2010

BETWEEN: DIGITAL CINEMA NETWORK PTY LIMITED (ACN 132 404 481)

Applicant

AND: OMNILAB MEDIA PTY LIMITED (ACN 002 585 391)

First Respondent

OMNILAB CINEMA SERVICES PTY LTD (ACN 145 363 855)

Second Respondent

MICHAEL GEOFFREY SMITH

Third Respondent

JUDGE: GORDON J DATE OF ORDER: 24 MAY 2013 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to s 7(1)(c) of the Foreign Evidence Act 1994 (Cth), a letter of request be sent to the judicial authorities of the United States of America, addressed to the Clerk of Court, United States District Court, Central District of California, 312 N Spring St # G8, Los Angeles, CA 90012-2095, requesting the Clerk of Court to take or cause to be taken, by compulsory means, at a location in California considered appropriate, the sworn or affirmed evidence of MR NICOLAS ZYLBERSTEIN of 500 S.Buena Vista Street, Los Angeles, California, in respect of the issues in dispute in this proceeding which is listed for trial on 28 October 2013, and if considered appropriate, in a manner that allows the parties to this proceeding to be able to participate in the taking of Mr Zylberstein's evidence via video conference. 2. Pursuant to s 7(1)(c) of the Foreign Evidence Act 1994 (Cth), a letter of request be sent to the judicial authorities of the United States of America, addressed to the Clerk of Court, United States District Court, Central District of California, 312 N Spring St # G8, Los Angeles, CA 90012-2095, requesting the Clerk of Court to take or cause to be taken, by compulsory means, at a location in California considered appropriate, the sworn or affirmed evidence of MR JULIAN LEVIN of 10201 West Pico Boulevard, Los Angeles, California, in respect of the issues in dispute in this proceeding which is listed for trial on 28 October 2013, and if considered appropriate, in a manner that allows the parties to this proceeding to be able to participate in the taking of Mr Levin's evidence via video conference. 3. Pursuant to s 7(1)(c) of the Foreign Evidence Act 1994 (Cth), a letter of request be sent to the judicial authorities of the United Kingdom, addressed to The Senior Master, the Foreign Process Department, Royal Courts of Justice, Strand, London, WC2A 2LL, requesting the Senior Master to take or cause to be taken, by compulsory means, at a location in the United Kingdom considered appropriate, the sworn or affirmed evidence of MR RICHARD ASEME of Building 5 Chiswick Park, 566 Chiswick High Road, London W4 5Y, in respect of the issues in dispute in this proceeding which is listed for trial on 28 October 2013, and if considered appropriate, in a manner that allows the parties to this proceeding to be able to participate in the taking of Mr Aseme's evidence via video conference. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011 (Cth).