Microsoft Corporation v Jiang [2003] FCA 101

Microsoft Corporation v Jiang [2003] FCA 101

Having considered the affidavits and submissions, the Court was satisfied that sufficient steps had been taken to bring the motions, proceedings and supporting material to the Respondent's attention, and that orders should be made substantially in accordance with the Applicants' Short Minutes of Order. Indemnity costs were not appropriate, but a lump sum party/party costs order of $40,000 was appropriate to avoid taxation and related expense, delay and inconvenience.

Jurisdiction
Australia
Judgment Date
06 February 2003
Procedural Posture
Intellectual Property Proceeding Concerning Microsoft Programs and Microsoft Trade Marks / Hearing of the Applicants' Notice of Motion Dated 21 January 2003 in the Absence of the Respondent; Final Orders Made
Outcome
Orders made for deemed service, hearing in the Respondent's absence, permanent injunctions, delivery up, lump sum costs of $40,000, service of orders by forwarding to the specified address, and otherwise dismissal of the proceedings.
Legal Topics
['deemed Service' 'hearing in Absence of Respondent' 'permanent Injunctions' 'delivery Up' 'infringing Microsoft Programs' 'infringing Microsoft Products' 'lump Sum Costs']
['copyright' 'trade Marks' 'civil Procedure' 'costs'] ['deemed Service' 'hearing in Absence of Respondent' 'permanent Injunctions' 'delivery Up' 'infringing Microsoft Programs' 'infringing Microsoft Products' 'lump Sum Costs']

Case Brief

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Procedural Posture

Intellectual Property Proceeding Concerning Microsoft Programs and Microsoft Trade Marks / Hearing of the Applicants' Notice of Motion Dated 21 January 2003 in the Absence of the Respondent; Final Orders Made

Legal Issues

  1. 1 ['Whether sufficient steps had been taken to serve the relevant material and bring the application and supporting material to the attention of the Respondent.' "Whether orders should be made in accordance with the Applicants' Short Minutes of Order." 'Whether costs should be awarded on an indemnity basis or as a lump sum on a party/party basis.']

Ratio Decidendi

Having considered the affidavits and submissions, the Court was satisfied that sufficient steps had been taken to bring the motions, proceedings and supporting material to the Respondent's attention, and that orders should be made substantially in accordance with the Applicants' Short Minutes of Order. Indemnity costs were not appropriate, but a lump sum party/party costs order of $40,000 was appropriate to avoid taxation and related expense, delay and inconvenience.

Court Disposition

Orders made for deemed service, hearing in the Respondent's absence, permanent injunctions, delivery up, lump sum costs of $40,000, service of orders by forwarding to the specified address, and otherwise dismissal of the proceedings.

Orders

  • ["The steps taken as at 6 February 2003 to bring the hearing of the Applicants' notices of motion dated 13 December 2002 and 21 January 2003 and the proceedings to the attention of the Respondent are deemed to be service of the motions and of the supporting affidavits in accordance with the Federal Court Rules."...