Body Technology Pty Limited v Babak Moini & Ors [2010] NSWSC 1414

New South Wales Supreme Court

CITATION : Body Technology Pty Limited v Babak Moini & Ors [2010] NSWSC 1414

HEARING DATE(S) : 1 December 2010 JUDGMENT OF : Ball J

EX TEMPORE JUDGMENT DATE : 1 December 2010

1. Grant the plaintiff leave to proceed against the fifth and sixth defendants in their absence pursuant to UPCR rule 11.4(1). DECISION : 2. Revoke the order made on 4 March 2010 restraining the fifth and sixth defendants from publishing, broadcasting or distributing any content on the website www.avana.com in Australia. 3. Order that, until further order of the court, the sixth defendant unlock the www.avana.com domain name and provide the plaintiff with the necessary authorisation/EPP code to enable the plaintiff to transfer the www.avana.com domain name to a registrar of the plaintiff's choice. 4. Order that, until further order of the court, the fifth defendant is restrained from preventing the www.avana.com domain name being transferred to a registrar of the plaintiff's choice.

CATCHWORDS : PROCEDURE – interlocutory issues – injunctions – mandatory injunction requiring defendant to give control of website to plaintiff – website registered with foreign registrar – whether court has jurisdiction to make orders – whether court should revisit earlier court decision

LEGISLATION CITED : Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW)

CATEGORY : Procedural and other rulings

Brimaud v Honeysett Instant Print Pty Limited (1988) 217 ALR 44 Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 CASES CITED : CGU Insurance Limited v One.Tel (In Liq) [2010] HCA 26 Cooper v Universal Music Australia Pty Ltd (2006) 156 FCR 380 Tolhurst v Associated Portland Cement Manufacturers Ltd [1903] AC 414