Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dallas Buyers Club LLC v iiNet Limited (No 4) [2015] FCA 838 Citation: Dallas Buyers Club LLC v iiNet Limited (No 4) [2015] FCA 838
Parties: DALLAS BUYERS CLUB LLC and VOLTAGE PICTURES LLC v IINET LIMITED, INTERNODE PTY LTD, AMNET BROADBAND PTY LTD, DODO SERVICES PTY LTD, ADAM INTERNET PTY LTD and WIDEBAND NETWORKS PTY LTD
File number: NSD 1051 of 2014
Judge: PERRAM J
Date of judgment: 14 August 2015
Catchwords: DISCOVERY – application for preliminary discovery – manner in which such applications should be conducted – whether what is being pursued is a genuine right to obtain relief – nature of demands to be put to prospective respondents COPYRIGHT – actions for infringement – operation of s 115 of the Copyright Act 1968 (Cth) – whether open to assess damages of copyright owner on basis of foregone licence fee in circumstances – whether s 115(4) permits regard to infringements of another's copyright – whether s 115(6) enlivened PRACTICE AND PROCEDURE – securing undertaking of party without domestic presence – amount and nature of bond
Legislation: Copyright Act 1968 (Cth) s 115 Federal Court of Australia Act 1976 (Cth) s 31A(2) Federal Court Rules 2011 (Cth) r 7.22
Cases cited: Autodesk Australia Pty Ltd v Cheung (1990) 94 ALR 472 considered Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 cited Dallas Buyers Club LLC v iiNet Limited (No 3) [2015] FCA 422 cited Golden Eye (International) Ltd v Telefonica UK Ltd [2012] EWHC 723 (Ch) cited Halal Certification Authority Pty Ltd v Scadilone Pty Ltd (2014) 107 IPR 23 considered Voltage Pictures LLC v John Doe [2014] FC 161 cited Explanatory Memorandum to the Copyright Amendment Bill 2006 (Cth)
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