Autodesk Inc & Anor v Dyason

[1993] HCATrans 88

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M42 of 1990

B e t w e e n -

AUTODESK INC. and AUTODESK

AUSTRALIA PTY LTD

Appellants

and

MARTIN PATRICK DYASON,
CHRISTINE DYASON and PETER

VINCENT KELLY

Respondents

Order

MASON CJ
BRENNAN J
DEANE J

DAWSON J

Autodesk(4) 1 21/4/93

TOOHEY J

GAUDRON J

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 21 APRIL 1993, AT 10.16 AM

Copyright in the High Court of Australia

MASON CJ: Judgment in this matter was handed down on

12 February 1992, allowing the appeal.

Subsequently, the parties requested more specific orders but, before further orders were made, the

respondents sought to have the judgment and orders

of this Court vacated. Judgment in that

application was handed down on 3 March 1993,

dismissing the application and directing the

parties to bring in minutes of order in accordance

with the judgment in Autodesk Inc. v. Dyason {No.1]

(1992) 173 C.L.R. 330. The parties duly provided

the Court with minutes of order with which, save

for one part of the order, they were in agreement.

The Court now makes the following orders.

Appeal allowed with costs.

Orders 1, 3 and 4 of the Full Court of the

Federal Court set aside and in lieu thereof order

that:

(1) order 1 of Northrop J. dated 15 September

1989 be varied by ordering that:

(a) Martin Patrick Dyason, Christine

Dyason and Peter Vincent Kelly, and

each of them, whether by themselves,

their servants, agents or howsoever

otherwise, be restrained from -

(i) reproducing in any material

form the whole, or a

substantial part, of the

computer program known as

"AutoCAD";

(ii)  selling or letting for hire, or

by way of trade, offering, or

exposing for sale or hire, any

article, being a reproduction

of the whole, or a substantial

part, of the said computer

program.

( b)	Martin Patrick Dyason, Christine
Dyason and Peter Vincent Kelly, and
each of them, whether by themselves,
their servants, agents or howsoever
otherwise, be restrained from reproducing in any material form the
whole, or a substantial part, of the 127-bit series look-up table in the
said computer program and, more particularly, in that part of the
computer program known as "Widget
C II.

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(2) the appeal to the Full Court of the

Federal Court by Martin Patrick Dyason,

Christine Dyason and Peter Vincent Kelly

be otherwise dismissed with costs.

Remit the matter to the Federal Court of

Australia, Victoria District Registry, for a directions hearing on a date to be fixed for

directions as to its further conduct.

AT 10.19 AM THE MATTER WAS ADJOURNED SINE DIE

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