Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Take-Two Interactive Software, Inc v Anderson [2021] FCA 1024 File number: NSD 1751 of 2018
Judgment of: NICHOLAS J
Date of judgment: 27 August 2021
Catchwords: PRACTICE AND PROCEDURE – application to set aside judgment resulting from respondent's failure to comply with self-executing order – where self-executing order entered with the consent of the parties – where no satisfactory explanation advanced for failure to comply with order – whether arguable defence demonstrated – whether respondent would suffer prejudice were application refused – leave granted for respondent to defend claims referable to causes of action for which an arguable defence demonstrated
Legislation: Competition and Consumer Act 2010 (Cth) sch 2 Copyright Act 1968 (Cth) ss 10, 116AN, 116AO Copyright Amendment Act 2006 (Cth) Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 5.21, 39.05
Cases cited: Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 3) [2020] FCA 1202 Re Luck (2003) 203 ALR 1
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 71
Date of last submissions: 28 July 2021
Date of hearing: 21 June 2021 and 21 July 2021
Counsel for the Applicants: Mr R Cobden SC with Mr W Wu
Solicitor for the Applicants: Bird & Bird
Solicitor for the Respondent: Mr A Macinnis of StevensVuaran Lawyers
ORDERS NSD 1751 of 2018
BETWEEN: TAKE-TWO INTERACTIVE SOFTWARE, INC First Applicant
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