TICA Default Tenancy Control Pty Ltd v Datakatch Pty Ltd [2015] FCA 867

TICA Default Tenancy Control Pty Ltd v Datakatch Pty Ltd [2015] FCA 867

In this case, although there may be merit in appointing a court expert, the likely lack of cost and procedural efficiency means the discretion should not be exercised: the application is dismissed.

Parties
Applicant: TICA Default Tenancy Control Pty Ltd; First Respondent: Datakatch Pty Ltd; Second Respondent: Reginald Joshua; Third Respondent: Anthony Nounnis; Fourth Respondent: Nathan Portelli
Jurisdiction
Australia
Judgment Date
14 August 2015
Procedural Posture
Application / Interlocutory Application for Appointment of Expert
Outcome
Application dismissed
Legal Topics
Copyright Infringement, Court Appointed Expert, Expert Evidence
Intellectual Property Copyright Infringement Court Appointed Expert Expert Evidence

Case Brief

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Parties

TICA Default Tenancy Control Pty Ltd

Applicant

Datakatch Pty Ltd

First Respondent

Reginald Joshua

Second Respondent

Anthony Nounnis

Third Respondent

Nathan Portelli

Fourth Respondent

Procedural Posture

Application / Interlocutory Application for Appointment of Expert

Legal Issues

  1. 1 Whether the Court should appoint its own expert under r 23.01 of the Federal Court Rules 2011 to assist in resolving copyright infringement issues in software.

Ratio Decidendi

In this case, although there may be merit in appointing a court expert, the likely lack of cost and procedural efficiency means the discretion should not be exercised: the application is dismissed.

Court Disposition

Application dismissed

Orders

  • The application to appoint an expert be dismissed.
  • The costs of that application will be costs in the cause.