Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Qudos Mutual Limited v Infosys Limited [2019] FCA 702 File number(s): NSD 2075 of 2018
Judge(s): BURLEY J
Date of judgment: 20 May 2019
Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery – whether prospective applicant already had sufficient information under r 7.23(1)(b) of the Federal Court Rules 2011 (Cth) – application granted
Legislation: Copyright Act 1968 (Cth), ss 14(1), 31(1), 36(1) Federal Court Rules 2011 (Cth) r 7.23
Cases cited: Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd [1996] FCA 391 Aristocrat Technologies Australia Pty Limited v Ainsworth Game Technology Limited [2018] FCA 1511 CA, Inc. v ISI Pty Limited [2012] FCA 35; 95 IPR 424 IceTV Pty Ltd v Nine Network Australia Pty Ltd [2009] HCA 14; 239 CLR 458 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193
Date of hearing: 2 May 2019
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: Catchwords
Number of paragraphs: 61
Counsel for the Applicant: Mr R Cobden SC with Mr Flynn
Solicitor for the Applicant: Gilbert and Tobin
Counsel for the Respondents: Mr Hennessy SC with Mr Burgess
Solicitor for the Respondents: Allens
ORDERS NSD 2075 of 2018
BETWEEN: QUDOS MUTUAL LIMITED ACN 087 650 557 Prospective Applicant
AND: INFOSYS LIMITED (A FOREIGN COMPANY TRADING AS A FOREIGN REGISTERED COMPANY IN AUSTRALIA, REGISTERED IN AUSTRALIA AS INFOSYS TECHNOLOGIES LIMITED) ABN 52 090 591 209 First Prospective Respondent
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