Aristocrat Technologies Australia Pty Ltd v Global Gaming Pty Limited [2006] FCA 862

Aristocrat Technologies Australia Pty Ltd v Global Gaming Pty Limited [2006] FCA 862

The applicant satisfied the Court of a strong prima facie case on an accrued cause of action for copyright infringement, justifying the grant of a search order under Order 25B and an interlocutory injunction to preserve the position until the return date.

Jurisdiction
Australia
Judgment Date
30 June 2006
Procedural Posture
Application for Search Order and Interlocutory Injunction / Ex Parte Hearing on Search Order and Interim Relief
Outcome
Search order and interlocutory injunction granted ex parte until the return date; costs reserved.
Legal Topics
['search Orders' 'interlocutory Injunctions' 'copyright Infringement' 'order 25 B Federal Court Rules']
['practice and Procedure' 'intellectual Property'] ['search Orders' 'interlocutory Injunctions' 'copyright Infringement' 'order 25 B Federal Court Rules']

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Procedural Posture

Application for Search Order and Interlocutory Injunction / Ex Parte Hearing on Search Order and Interim Relief

Legal Issues

  1. 1 ['Whether the applicant has established a strong prima facie case on an accrued cause of action as required by Order 25B rule 3' 'Whether the requirements for a search order and interlocutory injunction are satisfied']

Ratio Decidendi

The applicant satisfied the Court of a strong prima facie case on an accrued cause of action for copyright infringement, justifying the grant of a search order under Order 25B and an interlocutory injunction to preserve the position until the return date.

Court Disposition

Search order and interlocutory injunction granted ex parte until the return date; costs reserved.

Orders

  • ['Search order granted as set out in the amended form initialled by the judge, effective until 5 July 2006.' 'Interlocutory injunction granted restraining the respondents from further reproduction, manufacture, assembly, sale, or distribution of infringing Aristocrat Game Materials, until 4:30pm on the return date.'...