CA Inc v Independent Systems Integrators Pty Ltd (No 3) [2009] FCA 1176

CA Inc v Independent Systems Integrators Pty Ltd (No 3) [2009] FCA 1176

Although Macquarie Bank Limited had been adversely named without being heard and was heard on the motion, its evidence did not undermine the earlier reasoning because it did not explain in a way that answered how software could interact with CA Datacom without knowledge of its instruction set. Joinder was unnecessary for MBL to make its procedural fairness complaint. The requests for further preliminary discovery were outside and would circumvent the strict requirements and purpose of O 15A. The motion was therefore dismissed, with MBL to pay ISI's costs.

Jurisdiction
Australia
Judgment Date
16 October 2009
Procedural Posture
Preliminary Discovery Proceeding Involving a Non Party Motion for Joinder, Revision or Reconsideration of Reasons, and Further Preliminary Discovery / Motion Heard After Preliminary Discovery Orders Were Made on 7 September 2009
Outcome
Motion dismissed; Macquarie Bank Limited ordered to pay the Respondent's costs of the motion.
Legal Topics
['preliminary Discovery' 'joinder' 'procedural Fairness' 'copyright Infringement Allegations' 'variation of Interlocutory Orders']
['civil Procedure' 'intellectual Property'] ['preliminary Discovery' 'joinder' 'procedural Fairness' 'copyright Infringement Allegations' 'variation of Interlocutory Orders']

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Procedural Posture

Preliminary Discovery Proceeding Involving a Non Party Motion for Joinder, Revision or Reconsideration of Reasons, and Further Preliminary Discovery / Motion Heard After Preliminary Discovery Orders Were Made on 7 September 2009

Legal Issues

  1. 1 ['Whether Macquarie Bank Limited should be joined as a party in order to complain that it had been adversely referred to without being heard.' 'Whether the Court should withdraw, recall, revise or reconsider earlier reasons referring adversely to Macquarie Bank Limited.' 'Whether Macquarie Bank Limited could obtain orders requiring Independent Systems Integrators Pty Ltd to provide further preliminary discovery to CA and access to documents provided under earlier preliminary discovery orders.']

Ratio Decidendi

Although Macquarie Bank Limited had been adversely named without being heard and was heard on the motion, its evidence did not undermine the earlier reasoning because it did not explain in a way that answered how software could interact with CA Datacom without knowledge of its instruction set. Joinder was unnecessary for MBL to make its procedural fairness complaint. The requests for further preliminary discovery were outside and would circumvent the strict requirements and purpose of O 15A. The motion was therefore dismissed, with MBL to pay ISI's costs.

Court Disposition

Motion dismissed; Macquarie Bank Limited ordered to pay the Respondent's costs of the motion.

Orders

  • ['The motion is dismissed.' "Macquarie Bank Limited is to pay the Respondent's costs of the motion."]