Microsoft Corporation & Anor v Adelong Electronics Pty Ltd t/as ADE Computers [1997] FCA 224

Microsoft Corporation & Anor v Adelong Electronics Pty Ltd t/as ADE Computers [1997] FCA 224

His Honour's decision to allow amendment of the statement of claim and order wide discovery was a discretionary procedural order, supported by evidence justifying belief in ongoing contravening conduct. There was no sufficiently arguable case of error and no grounds for leave to appeal.

Jurisdiction
Australia
Judgment Date
09 April 1997
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal Against Interlocutory Order
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['leave to Appeal' 'interlocutory Orders' 'discovery' 'fishing Expedition']
['practice & Procedure'] ['leave to Appeal' 'interlocutory Orders' 'discovery' 'fishing Expedition']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal Against Interlocutory Order

Legal Issues

  1. 1 ['Principles for leave to appeal against interlocutory orders' 'Whether discovery order amounted to an impermissible fishing expedition']

Ratio Decidendi

His Honour's decision to allow amendment of the statement of claim and order wide discovery was a discretionary procedural order, supported by evidence justifying belief in ongoing contravening conduct. There was no sufficiently arguable case of error and no grounds for leave to appeal.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['The application for leave to appeal be dismissed with costs.']