Checked-Out Pty Limited v Eagle Eye Inspections Pty Limited [2005] FCA 1181

Checked-Out Pty Limited v Eagle Eye Inspections Pty Limited [2005] FCA 1181

It was not in the interests of justice to hear or determine the applicant's motion for striking out defences at this stage given partial attempts at compliance and complexities in evidence; the motion is stood over part heard for determination at trial. The twelfth respondent is entitled to further security for costs and $25,000 is ordered as appropriated for this purpose from funds held by the Court.

Jurisdiction
Australia
Judgment Date
28 June 2005
Procedural Posture
Civil / Interlocutory Orders and Directions
Outcome
Outstanding notices of motion stood over for hearing on 13 March 2006; some notices dismissed; $25,000 appropriated as security for twelfth respondent; Eighth Amended Statement of Claim taken as filed; directions hearing to proceed by eCourt; matter listed for hearing.
Legal Topics
['discovery' 'security for Costs' 'copyright Infringement']
['civil Procedure' 'intellectual Property'] ['discovery' 'security for Costs' 'copyright Infringement']

Case Brief

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Procedural Posture

Civil / Interlocutory Orders and Directions

Legal Issues

  1. 1 ['Failure to comply with discovery directions by the first to fifth respondents' 'Whether defences should be struck out for non-compliance' 'Entitlement to further security for costs for the twelfth respondent']

Ratio Decidendi

It was not in the interests of justice to hear or determine the applicant's motion for striking out defences at this stage given partial attempts at compliance and complexities in evidence; the motion is stood over part heard for determination at trial. The twelfth respondent is entitled to further security for costs and $25,000 is ordered as appropriated for this purpose from funds held by the Court.

Court Disposition

Outstanding notices of motion stood over for hearing on 13 March 2006; some notices dismissed; $25,000 appropriated as security for twelfth respondent; Eighth Amended Statement of Claim taken as filed; directions hearing to proceed by eCourt; matter listed for hearing.

Orders

  • ['Three Notices of Motion (dated 20 August 2004, 23 August 2004, 12 October 2004) stood over to 13 March 2006 hearing date.' 'Any other outstanding notices of motion dismissed without order as to costs.' 'Eighth Amended Statement of Claim deemed filed on 18 February 2005.' 'One of second to fifth respondents to file...