Computer Interchange Pty Ltd v Microsoft Corporation [1999] FCA 198

Computer Interchange Pty Ltd v Microsoft Corporation [1999] FCA 198

The court’s powers to restrain or prohibit publication of court proceedings are strictly limited by s 17(4) and s 50 of the Federal Court of Australia Act; reputational and commercial harm resulting from publicity after open proceedings, even when Anton Pillar orders are involved, does not satisfy the tests for departing from open justice or for making suppression orders. The circumstances did not justify the orders sought nor a departure from open justice, and any compensable harm is addressed by usual undertakings and remedies in damages or defamation.

Jurisdiction
Australia
Judgment Date
09 March 1999
Procedural Posture
Notice of Motion (interlocutory) / Application for Suppression/non Publication Orders Following Anton Pillar/interlocutory Injunction
Outcome
Notice of Motion dismissed with costs; respondents relieved from undertaking.
Legal Topics
['suppression and Non Publication Orders' 'open Justice' 'anton Pillar Orders' 'reputation in Commercial Litigation']
['practice and Procedure'] ['suppression and Non Publication Orders' 'open Justice' 'anton Pillar Orders' 'reputation in Commercial Litigation']

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Procedural Posture

Notice of Motion (interlocutory) / Application for Suppression/non Publication Orders Following Anton Pillar/interlocutory Injunction

Legal Issues

  1. 1 ['Whether the court has power to restrain publication of court proceedings details beyond s 17(4) and s 50 of the Federal Court of Australia Act' 'Whether the discretion should be exercised to order suppression or limits on publication to prevent reputational damage to a party following Anton Pillar orders']

Ratio Decidendi

The court’s powers to restrain or prohibit publication of court proceedings are strictly limited by s 17(4) and s 50 of the Federal Court of Australia Act; reputational and commercial harm resulting from publicity after open proceedings, even when Anton Pillar orders are involved, does not satisfy the tests for departing from open justice or for making suppression orders. The circumstances did not justify the orders sought nor a departure from open justice, and any compensable harm is addressed by usual undertakings and remedies in damages or defamation.

Court Disposition

Notice of Motion dismissed with costs; respondents relieved from undertaking.

Orders

  • ['The Notice of Motion is dismissed.' "The applicants are to pay the respondents' costs of the Notice of Motion." 'The respondents are relieved from their undertaking forthwith.']