Authors Workshop v Bileru Pty Ltd

[1989] FCA 436

NOT FOR DISTRIBUTION H

IN THE FEDERAL COURT OF AUSTRALIA	)
1
NEW SOUTH WALES DISTRICT REGISTRY )	No. NG470 of 1989

)

GENERAL DIVISION )

IN THE MATTER OF THE COPYRIGHT

ACT, 1968 (AS AMENDED)

BETWEEN:  AUTHORS WORKSHOP

First Applicant

HODDER h STOUGHTON (AUSTRALIA)

PTY. LIMITED

Second Applicant

AND :  BILERU PTY. LIMITED

First Respondent

DENNIS LEWY

12 July 1989

1 0 AUG 1989

REASONS FOR JUDGMENT

AUSTRALIA

challenge.

PRINCIPAL

REQISTRY

LOCKHART J.

This is a motion brought by the respondents to these proceedings seeking to set aside two orders made ex parte last Friday afternoon by the Court upon the application of the applicants. The first order made was an injunction restraining the respondents from engaging in certain conduct up to and including yesterday, and that was extended yesterday to include today. It is the second and third orders which are the orders the subject of the present

I shall give my reasons for judgment in detail later, but shall indicate now that I am of the view that orders 2 and 3 should not be set aside, but that order 3 should be varied, prospectively, by altering the date by which the requisite affidavit or affidavits should be filed and served, and by adding to the existing order subparagraph 3(d), reading:

"(d) alternatively, in respect of any such information which the respondents object to providing on the grounds of privilege;

(i	which information the respondents so object to providing; and
(ii)	the grounds upon which privilege is
claimed. "

Order 1 as made on 7 July is extended up to and including Friday 14 July 1989,, and the matter is adjourned until that day at 9.30 a.m. for directions.

Order 3 made on 7 July 1989 shall be suspended until

further order.

I certify that this and the preceding one	(1) page are a true copy of the reasons
for judgment herein of the Honourable Mr. Justice Lockhart.
Date: 12 July 1989