Disney Enterprises, Inc v Australian Exim Company Pty Ltd (No. 2) [2009] FCA 720

Disney Enterprises, Inc v Australian Exim Company Pty Ltd (No. 2) [2009] FCA 720

The application to prevent release of goods seized on 15 May 2009 was filed within the extended period as permitted by Regulation 22 and the Copyright Regulations, and an order should be made preventing their release.

Jurisdiction
Australia
Judgment Date
03 July 2009
Procedural Posture
Application Concerning Seizure of Goods by Customs / Interlocutory Orders and Reasons for Judgment on Application
Outcome
Application granted; Court orders goods seized on 15 May 2009 not be released to first respondent; other procedural orders made.
Legal Topics
['copyright Seizure' 'customs Seizure Procedure' 'extension of Time Applications']
['intellectual Property Law'] ['copyright Seizure' 'customs Seizure Procedure' 'extension of Time Applications']

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Procedural Posture

Application Concerning Seizure of Goods by Customs / Interlocutory Orders and Reasons for Judgment on Application

Legal Issues

  1. 1 ['Whether the application for an order preventing release of seized goods was filed within time as prescribed by regulation' 'Whether the period for filing was properly extended' 'Whether an order should be made preventing release of certain goods under the Copyright Act']

Ratio Decidendi

The application to prevent release of goods seized on 15 May 2009 was filed within the extended period as permitted by Regulation 22 and the Copyright Regulations, and an order should be made preventing their release.

Court Disposition

Application granted; Court orders goods seized on 15 May 2009 not be released to first respondent; other procedural orders made.

Orders

  • ['Pursuant to s 135AF(3)(b) of the Copyright Act 1968 (Cth), goods seized on 15 May 2009 not to be released to the first respondent.' 'Applicants to notify respondents and the Chief Executive Officer of the Australian Customs Service of the orders and reasons for judgment.' 'No order as to costs of the application...