Aristocrat Technologies Australia Pty Limited v Ainsworth Game Technology Limited (No 2)

Aristocrat Technologies Australia Pty Limited sought preliminary discovery from Ainsworth Game Technology Limited. The application was contested. The court heard the matter in the Federal Court of Australia. The parties were in dispute over whether Ainsworth had improperly used Aristocrat's intellectual property. Aristocrat sought discovery of documents to help substantiate their claims. Ainsworth opposed the application on the basis that the discovery sought was not necessary and was overly broad.

The court considered whether the application for discovery was justified. The judge needed to balance the need for the information against the potential for unfairness or unnecessary expense. The judge also considered whether Aristocrat had a reasonable prospect of success on the merits, which would influence the costs outcome. After weighing these factors, the judge determined that the application should proceed but made specific orders regarding costs. If Aristocrat commenced a substantive proceeding within 60 days of Ainsworth complying with the discovery orders, the costs of the preliminary discovery application would become costs in the substantive proceeding. Otherwise, Ainsworth would pay the costs of the preliminary discovery application.

In conclusion, the judge made orders to manage the costs of the preliminary discovery application. These orders aimed to provide certainty to both parties regarding the financial implications of the application. The orders also sought to encourage a timely resolution of the substantive proceeding.