Addison Wesley Longman Australia Pty Limited v Kopystop Pty Limited [2004] FCA 1518

Addison Wesley Longman Australia Pty Limited v Kopystop Pty Limited [2004] FCA 1518

Although the evidence demonstrated a strong prima facie case of breach of copyright, the applicants did not establish serious damage on the evidence before the Court and, more importantly, did not provide positive evidence particular to the respondents showing a real risk that incriminating material would be destroyed. The Anton Piller order was therefore not necessary to prevent a denial of justice, and the ex parte application was dismissed.

Jurisdiction
Australia
Judgment Date
22 November 2004
Procedural Posture
Ex Parte Application for Relief in the Nature of an Anton Piller Order / Application Heard and Determined
Outcome
Application dismissed
Legal Topics
['anton Piller Order' 'ex Parte Relief' 'copyright Infringement' 'preservation of Evidence' 'unauthorised Photocopying of Textbooks']
['copyright' 'civil Procedure'] ['anton Piller Order' 'ex Parte Relief' 'copyright Infringement' 'preservation of Evidence' 'unauthorised Photocopying of Textbooks']

Case Brief

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Procedural Posture

Ex Parte Application for Relief in the Nature of an Anton Piller Order / Application Heard and Determined

Legal Issues

  1. 1 ['Whether the applicants had an extremely strong prima facie case of breach of copyright.' 'Whether the damage, potential or actual, would be very serious for the applicants.' 'Whether there was clear evidence that the respondents possessed incriminating documents or things and a real possibility that they would destroy such material before any inter partes application could be made.' 'Whether an Anton Piller order was necessary to prevent a denial of justice to the applicants.']

Ratio Decidendi

Although the evidence demonstrated a strong prima facie case of breach of copyright, the applicants did not establish serious damage on the evidence before the Court and, more importantly, did not provide positive evidence particular to the respondents showing a real risk that incriminating material would be destroyed. The Anton Piller order was therefore not necessary to prevent a denial of justice, and the ex parte application was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']