Wilson v Microsoft Corporation [2012] FCA 933

Wilson v Microsoft Corporation [2012] FCA 933

Orders were made vacating prior directions, setting new discovery and evidence deadlines, and declining to make a self-executing order due to the applicant’s self-represented status; the Court warned that further delay may result in the proceeding being struck out.

Parties
Applicant / Cross Respondent: Eric Cameron Wilson; First Respondent: Microsoft Corporation; Second Respondent: Microsoft Australia Pty Ltd; Third Respondent: Microsoft US Subsidiary; Cross Claimant: Microsoft Pty Ltd
Jurisdiction
Australia
Judgment Date
27 August 2012
Procedural Posture
Practice and Procedure / Interlocutory Application for Discovery and Case Management Orders
Outcome
Interlocutory orders made; no self-executing order; further compliance mandated with warning of potential for matter to be struck out.
Legal Topics
Discovery, Case Management, Self Executing Orders
Civil Procedure Discovery Case Management Self Executing Orders

Case Brief

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Parties

Eric Cameron Wilson

Applicant / Cross Respondent

Microsoft Corporation

First Respondent

Microsoft Australia Pty Ltd

Second Respondent

Microsoft US Subsidiary

Third Respondent

Microsoft Pty Ltd

Cross Claimant

Procedural Posture

Practice and Procedure / Interlocutory Application for Discovery and Case Management Orders

Legal Issues

  1. 1 Whether further discovery should be ordered
  2. 2 Whether a self-executing order should be made in the event of non-compliance with procedural deadlines

Ratio Decidendi

Orders were made vacating prior directions, setting new discovery and evidence deadlines, and declining to make a self-executing order due to the applicant’s self-represented status; the Court warned that further delay may result in the proceeding being struck out.

Court Disposition

Interlocutory orders made; no self-executing order; further compliance mandated with warning of potential for matter to be struck out.

Orders

  • Orders 3, 4, 5, 6 and 7 of the Orders made herein on 10 February 2012 be vacated.
  • Respondents to discover documents as per paragraph 12 of applicant's affidavit by 11 September 2012.