Authors Workshop v Bileru Pty Ltd

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

CaseChat Overview and Summary

The case of Authors Workshop v Bileru Pty Ltd involved a motion brought by the respondents seeking to set aside two orders made ex parte by the Court. The applicants in the case were Authors Workshop and Hodder & Stoughton (Australia) Pty. Limited, while the respondents were Bileru Pty. Limited and Dennis Lewy. The dispute centered around an injunction restraining the respondents from engaging in certain conduct up to and including the day before the hearing. The first legal issue before the court was whether the ex parte orders should be set aside, and the second was whether the orders should be varied to include additional conditions for the respondents.

Justice Lockhart, who presided over the case, found that the second and third orders should not be set aside, but rather modified. The court ruled that order 3 should be varied prospectively by altering the date for filing and serving the requisite affidavits and adding a subparagraph that required the respondents to provide specific information regarding any information they objected to providing on grounds of privilege. This included the information itself and the grounds upon which privilege was claimed. The first order, which was an injunction, was extended until a later date, and the matter was adjourned for directions.

In conclusion, the court determined that the ex parte orders should not be set aside but should be varied to include additional conditions for the respondents. Order 1 was extended until a later date, and order 3 was suspended until further order. The case highlights the importance of ensuring that ex parte orders are fair and reasonable and that they provide adequate protection for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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

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