CA Inc v Independent Systems Integrators Pty Limited (No 2) [2009] FCA 900

CA Inc v Independent Systems Integrators Pty Limited (No 2) [2009] FCA 900

The Court held that O 15A r 6 was satisfied. On the preliminary information, it was probable that 2BDB2 had been created by direct access to CA source code or manuals or by reverse engineering, rather than solely from internet material or IBM CICS documentation, giving reasonable cause to believe CA had or might have claims for copyright infringement, breach of confidence, equitable compensation and injunctive relief. CA had made all reasonable inquiries because the failed expert access and dump access arrangements were not shown to be unreasonable. Delay did not warrant refusal. Preliminary discovery was to be granted substantially as sought, except for category (a), with access...

Jurisdiction
Australia
Judgment Date
18 August 2009
Procedural Posture
Application for Preliminary Discovery / Reasons for Judgment and Orders Requiring Short Minutes; Costs Reserved
Outcome
Application for preliminary discovery allowed substantially; category (a) refused; parties directed to bring in short minutes reflecting the reasons; costs reserved.
Legal Topics
['preliminary Discovery From Prospective Respondent' 'copyright in Computer Programs' 'reverse Engineering' 'breach of Confidence' 'discretionary Refusal for Delay' 'overbreadth and Oppression in Discovery Categories']
['civil Procedure' 'intellectual Property' 'confidential Information'] ['preliminary Discovery From Prospective Respondent' 'copyright in Computer Programs' 'reverse Engineering' 'breach of Confidence' 'discretionary Refusal for Delay' 'overbreadth and Oppression in Discovery Categories']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Reasons for Judgment and Orders Requiring Short Minutes; Costs Reserved

Legal Issues

  1. 1 ['Whether there was reasonable cause to believe that CA had or might have a right to obtain relief against ISI for copyright infringement, breach of confidence or related injunctive relief.' 'Whether CA had made all reasonable inquiries before seeking preliminary discovery.' 'Whether preliminary discovery should be refused on discretionary grounds because of delay.' 'Whether the proposed categories of preliminary discovery were overbroad or oppressive.']

Ratio Decidendi

The Court held that O 15A r 6 was satisfied. On the preliminary information, it was probable that 2BDB2 had been created by direct access to CA source code or manuals or by reverse engineering, rather than solely from internet material or IBM CICS documentation, giving reasonable cause to believe CA had or might have claims for copyright infringement, breach of confidence, equitable compensation and injunctive relief. CA had made all reasonable inquiries because the failed expert access and dump access arrangements were not shown to be unreasonable. Delay did not warrant refusal. Preliminary discovery was to be granted substantially as sought, except for category (a), with access...

Court Disposition

Application for preliminary discovery allowed substantially; category (a) refused; parties directed to bring in short minutes reflecting the reasons; costs reserved.

Orders

  • ['The parties are to bring in short minutes of order reflecting these reasons.' 'Costs reserved.' 'The matter be stood over for further directions on Tuesday 25 August 2009.']