Prosnow International Pty Ltd v Polar Technologies Pty Ltd [1997] FCA 1032

Prosnow International Pty Ltd v Polar Technologies Pty Ltd [1997] FCA 1032

The Court considered O 15A r 3 orders appropriate because the evidence about who made or caused the Polar promotional video to be made was ambivalent and inconsistent with Polar's solicitors' earlier correspondence, and because identification of recipients could assist Prosnow in pursuing possible remedies in...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 October 1997
Procedural Posture
Application for Pre Action Discovery Under O 15 a Rr 3 and 6 of the Federal Court Rules / Reasons for Judgment on Application; Matter Adjourned Sine Die
Outcome
Matter adjourned sine die; Court indicated it was prepared to make orders under O 15A r 3, but not under O 15A r 6, after further consideration of confidentiality, orders and costs.
Legal Topics
['pre Action Discovery' 'identity of Prospective Respondents' 'copyright Infringement' 'infringing Copies' 'commercial Confidentiality']
['civil Procedure' 'discovery' 'copyright'] ['pre Action Discovery' 'identity of Prospective Respondents' 'copyright Infringement' 'infringing Copies' 'commercial Confidentiality']

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Procedural Posture

Application for Pre Action Discovery Under O 15 a Rr 3 and 6 of the Federal Court Rules / Reasons for Judgment on Application; Matter Adjourned Sine Die

Legal Issues

  1. 1 ['Whether Prosnow should obtain orders under O 15A r 3 for information tending to identify the person or persons responsible for production and distribution of the Polar promotional video and the recipients of copies of that video.' 'Whether Prosnow should obtain discovery under O 15A r 6 of documents relating to whether it had the right to obtain relief.' 'Whether the availability of copyright remedies against innocent holders of alleged infringing copies supported identification of recipients of the Polar promotional video.']

Ratio Decidendi

The Court considered O 15A r 3 orders appropriate because the evidence about who made or caused the Polar promotional video to be made was ambivalent and inconsistent with Polar's solicitors' earlier correspondence, and because identification of recipients could assist Prosnow in pursuing possible remedies in respect of alleged infringing copies. The Court declined to make O 15A r 6 orders because Prosnow had seen the Polar promotional video and positively asserted copyright infringement, so it was not in the state of uncertainty about whether it had a right to relief that r 6 is intended to address.

Court Disposition

Matter adjourned sine die; Court indicated it was prepared to make orders under O 15A r 3, but not under O 15A r 6, after further consideration of confidentiality, orders and costs.

Orders

  • ['This matter stand adjourned sine die.' "Any party be at liberty to list the matter for further hearing upon first giving to the other parties seven days' notice."]