ObjectiVision Pty Ltd v Visionsearch Pty Ltd [2014] FCA 1087

FEDERAL COURT OF AUSTRALIA

ObjectiVision Pty Ltd v Visionsearch Pty Ltd [2014] FCA 1087 Citation: ObjectiVision Pty Ltd v Visionsearch Pty Ltd [2014] FCA 1087

Parties: OBJECTIVISION PTY LIMITED (ACN 090 253 697) v VISIONSEARCH PTY LIMITED (ACN 150 067 271) and UNIVERSITY OF SYDNEY (ABN 15 211 513 464)

File number: NSD 2433 of 2013

Judge: PERRY J

Date of judgment: 9 October 2014

Catchwords: PRACTICE AND PROCEDURE – Application for preliminary discovery – Nature of evidence appropriate to be led on an application under r 7.23 of Federal Court Rules 2011 – Need to avoid trial before an action –Questions of resolving conflicts in the evidence on substantive issues a matter for trial PRACTICE AND PROCEDURE – Application for preliminary discovery – Potential right to relief arising from alleged copyright infringement and misuse of commercially confidential information in confidential computer source code and development documentation – Reasonableness of belief in ownership of copyright and infringement – Whether reasonable belief in right to relief compatible with existence of reasonable contrary view – Relevance of earlier admission no longer maintained by prospective defendant to determining reasonableness of belief – Whether prospective applicant lacks sufficient information to decide as to whether to institute proceedings where it cannot compare its work with the potentially infringing work – Relevance of confidential nature of documents sought to reasonableness of enquiries – Whether documents "directly relevant" – Whether preliminary discovery sought too wide – Relevance of delay to discretion in r 7.23(2)