Computer Interchange Pty Ltd v Microsoft Corporation

Computer Interchange Pty Ltd (CIP) sought an injunction to prevent Microsoft Corporation (Microsoft) from publishing details of CIP's proceedings against Microsoft, including the names of CIP's directors. The matter was heard in the Supreme Court of New South Wales. The central legal issue was whether the Court should restrain Microsoft from publishing the names of CIP's directors in connection with the proceedings, given the potential impact on the administration of justice and the principle of open justice.

The Court considered the potential prejudice to the administration of justice, which could arise if not restraining Microsoft would discourage other potential adversaries from resisting similar claims to avoid adverse publicity. However, the Court noted that the circumstances did not justify such a conclusion. The Court also weighed the manifest ill-effects of infringing the principle of open justice. The Court concluded that the circumstances were not exceptional enough to warrant restricting the publication of the names, and this had to be balanced against the infringement of open justice.

For these reasons, the Court dismissed the Notice of Motion and ordered CIP to pay Microsoft's costs. Additionally, Microsoft was relieved from its undertaking forthwith. The Court found that the administration of justice would not be prejudiced by allowing Microsoft to publish the names of CIP's directors, and that the principle of open justice should not be infringed. The Court's decision emphasised the importance of balancing these principles in such cases.