Microsoft Corporation & Anor v Adelong Electronics Pty Ltd [1997] FCA 103

Microsoft Corporation & Anor v Adelong Electronics Pty Ltd [1997] FCA 103

Where a copyright owner has evidence of one infringement and reasonable grounds to believe there was a course of infringements, amendment of the pleading to allege such a course and corresponding discovery is permissible and not an abuse of process. Order for discovery should be commensurate with the amended pleading and confined to the relevant period.

Jurisdiction
Australia
Judgment Date
11 February 1997
Procedural Posture
Civil / Interlocutory Motion for Amendment and Discovery
Outcome
Applicants granted leave to amend statement of claim; respondent ordered to provide discovery; costs orders made.
Legal Topics
['amendment of Pleadings' 'discovery' 'copyright Infringement' 'abuse of Process']
['intellectual Property Law' 'civil Procedure'] ['amendment of Pleadings' 'discovery' 'copyright Infringement' 'abuse of Process']

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Procedural Posture

Civil / Interlocutory Motion for Amendment and Discovery

Legal Issues

  1. 1 ['Whether copyright owner may amend pleading to allege course of infringement including instances not yet particularised' 'Whether amendment is abuse of process to obtain broad discovery' 'Scope of discovery in copyright infringement claims']

Ratio Decidendi

Where a copyright owner has evidence of one infringement and reasonable grounds to believe there was a course of infringements, amendment of the pleading to allege such a course and corresponding discovery is permissible and not an abuse of process. Order for discovery should be commensurate with the amended pleading and confined to the relevant period.

Court Disposition

Applicants granted leave to amend statement of claim; respondent ordered to provide discovery; costs orders made.

Orders

  • ['Applicants granted leave to amend the Statement of Claim per the annexed proposed amendment.' 'Respondent must provide verified discovery by 8 April 1997 of all documents relating to purchase, supply, and sale of Microsoft Programs and personal computers from 1 March 1993 to 24 May 1996.' "Respondent to pay...