Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2003] FCA 1179
Due to non-compliance with directions regarding preparation for hearing and late provision of significant evidence, the hearing date should not be confirmed and further directions are necessary before trial.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 01 October 2003
- Procedural Posture
- Civil / Directions Hearing
- Outcome
- Hearing dates vacated; matter listed for directions; costs reserved
- Legal Topics
- ['copyright Infringement' 'copyright Ownership' 'directions Hearings' 'preparation for Trial']
['intellectual Property'] ['copyright Infringement' 'copyright Ownership' 'directions Hearings' 'preparation for Trial']
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Summary, issues, holding and outcome
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Procedural Posture
Civil / Directions Hearing
Legal Issues
- 1 ["Whether the applicant owns copyright in certain literary works described as 'the applicant's software' and 'the applicant's documents'" "Whether the respondents infringed the applicant's copyright" 'Compliance with court directions regarding preparation for hearing']
Ratio Decidendi
Due to non-compliance with directions regarding preparation for hearing and late provision of significant evidence, the hearing date should not be confirmed and further directions are necessary before trial.
Court Disposition
Hearing dates vacated; matter listed for directions; costs reserved
Orders
- ['Leave granted to first to fifth respondents to file affidavits of Michael Henry Atkinson sworn 30 September 2003.' 'Hearing dates fixed provisionally for 13 October 2003 to 17 October 2003 be vacated.' 'Proceeding to be listed for directions and any current notices of motion on Thursday 16 October 2003 at 10.15...
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