Microsoft Corporation v RP Distribution Pty Ltd [2006] FCA 1842

Microsoft Corporation v RP Distribution Pty Ltd [2006] FCA 1842

Having considered the applicants' submissions, the correspondence and emails in the history of the proceeding, and the affidavits before the Court, and noting repeated default by both respondents, the Court considered it appropriate to make orders in accordance with the short minutes of order. Additional damages were limited to half the compensatory damages sought because the issue had not been ventilated and substantial costs had been incurred that would be payable by the respondents.

Jurisdiction
Australia
Judgment Date
22 December 2006
Procedural Posture
Copyright Proceeding Involving Microsoft Programs and Microsoft Trade Marks / Application for Default Judgment Pursuant to O 35 A; Respondents Failed to Enter Appearance, File Defence and Appear at Directions Hearing
Outcome
Application allowed; default judgment orders made against the respondents with additional damages awarded in the amount of $15,047.50.
Legal Topics
['default Judgment' 'copyright Infringement' 'additional Damages' 'permanent Injunctions' 'delivery Up' 'trade Mark Infringement' 'interest' 'costs']
['copyright' 'trade Marks' 'civil Procedure'] ['default Judgment' 'copyright Infringement' 'additional Damages' 'permanent Injunctions' 'delivery Up' 'trade Mark Infringement' 'interest' 'costs']

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Procedural Posture

Copyright Proceeding Involving Microsoft Programs and Microsoft Trade Marks / Application for Default Judgment Pursuant to O 35 A; Respondents Failed to Enter Appearance, File Defence and Appear at Directions Hearing

Legal Issues

  1. 1 ['Whether default judgment should be entered where the respondents repeatedly defaulted by failing to enter appearance, file a defence and appear at a directions hearing.' 'Whether the applicants should receive compensatory damages, additional damages, interest, costs, injunctions, delivery up and affidavit disclosure orders.' 'What amount of additional damages should be awarded under section 115(4) of the Copyright Act 1968.']

Ratio Decidendi

Having considered the applicants' submissions, the correspondence and emails in the history of the proceeding, and the affidavits before the Court, and noting repeated default by both respondents, the Court considered it appropriate to make orders in accordance with the short minutes of order. Additional damages were limited to half the compensatory damages sought because the issue had not been ventilated and substantial costs had been incurred that would be payable by the respondents.

Court Disposition

Application allowed; default judgment orders made against the respondents with additional damages awarded in the amount of $15,047.50.

Orders

  • ['The Respondents and each of them were restrained from reproducing or authorising reproduction of the whole or a substantial part of any Microsoft Programs without the licence of the First Applicant; selling, offering for sale, supplying, offering to supply, importing or distributing any Infringing Microsoft...