Carroll & Richardson - Flagworld Pty Ltd v PayPal Australia Pty Limited [2020] FCA 371

Carroll & Richardson - Flagworld Pty Ltd v PayPal Australia Pty Limited [2020] FCA 371

Flagworld satisfied the requirements for preliminary discovery under r 7.22: it may have a right to relief, it has made reasonable inquiries but is unable to ascertain the description of prospective respondents, and Shopify and Australia Post are likely to possess information to identify those individuals or entities. Orders for preliminary discovery were consequently granted.

Jurisdiction
Australia
Judgment Date
19 March 2020
Procedural Posture
Application for Preliminary Discovery / Determination of Preliminary Discovery Application
Outcome
Application for preliminary discovery granted in part; orders made; remaining relief dismissed as specified.
Legal Topics
['copyright' 'preliminary Discovery' 'federal Court Procedure']
['intellectual Property'] ['copyright' 'preliminary Discovery' 'federal Court Procedure']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Determination of Preliminary Discovery Application

Legal Issues

  1. 1 ['Whether the applicant has established entitlement to preliminary discovery under Federal Court Rules 2011 (Cth) r 7.22' 'Whether reasonable inquiries have been made to ascertain the description of the prospective respondents' "Whether Shopify and Australia Post are likely to have documents or information to help ascertain the relevant persons' description"]

Ratio Decidendi

Flagworld satisfied the requirements for preliminary discovery under r 7.22: it may have a right to relief, it has made reasonable inquiries but is unable to ascertain the description of prospective respondents, and Shopify and Australia Post are likely to possess information to identify those individuals or entities. Orders for preliminary discovery were consequently granted.

Court Disposition

Application for preliminary discovery granted in part; orders made; remaining relief dismissed as specified.

Orders

  • ['Shopify to produce, within 14 days, name, email address, postal address, and any other known address of the account holder for www.freetheflag.net to the Prospective Applicant.' 'Application for other relief against Shopify dismissed; applicant must serve order on Shopify.' 'Applicant will remove Shopify as a...