Horizon Local Communications Networks Pty Ltd v MGM Wireless Pty Ltd [2002] FCA 873

Horizon Local Communications Networks Pty Ltd v MGM Wireless Pty Ltd [2002] FCA 873

The applicant failed to establish a serious issue to be tried, as the product contemplated in the agreement had not been produced and no reliable evidence showed copyright infringement by the respondent’s software.

Parties
Applicant: Horizon Local Communications Networks Pty Ltd; Respondent: MGM Wireless Pty Ltd
Jurisdiction
Australia
Judgment Date
09 July 2002
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Judgment
Outcome
application for interlocutory injunction dismissed with costs
Legal Topics
Copyright, Interlocutory Injunctions
Intellectual Property Copyright Interlocutory Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

Horizon Local Communications Networks Pty Ltd

Applicant

MGM Wireless Pty Ltd

Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Judgment

Legal Issues

  1. 1 Whether the respondent's MSGU software would infringe applicant's copyright in the Metro Lite product
  2. 2 Whether applicant is entitled to an interlocutory injunction based on alleged copyright infringement

Ratio Decidendi

The applicant failed to establish a serious issue to be tried, as the product contemplated in the agreement had not been produced and no reliable evidence showed copyright infringement by the respondent’s software.

Court Disposition

application for interlocutory injunction dismissed with costs

Orders

  • The application for an interlocutory injunction is dismissed with costs.
  • The directions hearing is adjourned to 20 August 2002.