Microsoft Corp & Anor v CT Group (Australia) Pty Ltd & Anor [1997] FCA 750

Microsoft Corp & Anor v CT Group (Australia) Pty Ltd & Anor [1997] FCA 750

The applicants proved copyright infringement and entitlement to conversion damages, and the Court awarded a reduced quantum of interest, considering the compensatory nature and arbitrariness of assessment.

Parties
First Applicant: MICROSOFT CORPORATION; Second Applicant: MICROSOFT PTY LIMITED; First Respondent: CT GROUP (AUSTRALIA) PTY LIMITED; Second Respondent: TONY POLCINO
Jurisdiction
Australia
Judgment Date
05 August 1997
Procedural Posture
General Division / Judgment After Failure to Comply With Procedural Directions
Outcome
Judgment for Applicants
Legal Topics
Infringement of Copyright, Conversion Damages, Award of Interest, Procedural Compliance
Intellectual Property Copyright Infringement of Copyright Conversion Damages Award of Interest Procedural Compliance

Case Brief

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Parties

MICROSOFT CORPORATION

First Applicant

MICROSOFT PTY LIMITED

Second Applicant

CT GROUP (AUSTRALIA) PTY LIMITED

First Respondent

TONY POLCINO

Second Respondent

Procedural Posture

General Division / Judgment After Failure to Comply With Procedural Directions

Legal Issues

  1. 1 Whether infringement of copyright occurred
  2. 2 Assessment of conversion damages
  3. 3 Appropriateness and quantum of interest on damages

Ratio Decidendi

The applicants proved copyright infringement and entitlement to conversion damages, and the Court awarded a reduced quantum of interest, considering the compensatory nature and arbitrariness of assessment.

Court Disposition

Judgment for Applicants

Orders

  • Judgment for the amount of $1,941,101.20 by way of conversion damages
  • Award of $120,000 interest