Pilkin v Sony Australia Limited

The case of Pilkin v Sony Australia Limited involves an action concerning the validity and infringement of a patent, brought by the applicant, Mr Pilkin, who represented himself as well as the late Mr Miroshnichenko. The primary respondents are Sony Australia Limited and several other companies, some of which are based overseas. The court was tasked with addressing Sony Australia's application for security for costs and Mr Pilkin's subsequent application to strike out Sony Australia's application and affidavit in support.

The key legal issues before the court were whether to grant Sony Australia's application for security for costs and whether to dismiss Mr Pilkin's application to strike out Sony Australia's application. The court considered the inherent discretion to order security for costs under Section 56 of the Federal Court of Australia Act 1976 (Cth) and the precedent set by Commissioner of Taxation v Vasiliades, which emphasised the significance of the applicant being non-resident and lacking assets in Australia. The court also examined the relevance of Mr Pilkin's patent as a potential asset, considering it only as valuable as its validity.

The court concluded that while the fact that Mr Pilkin was non-resident and lacked assets in Australia was a significant factor in favour of ordering security for costs, it was not determinative. The court exercised its discretion to order security for costs, considering the quantification of costs by Sony Australia, and determined that an amount of $45,000 was appropriate. The court dismissed Mr Pilkin's application to strike out Sony Australia's application and ordered Mr Pilkin to pay the specified amount by a certain date, failing which the proceedings would be stayed. The court also set dates for the proceeding to be regularised by having Mr Miroshnichenko’s estate represented.

The orders made by the court include the dismissal of Mr Pilkin's application to strike out Sony Australia's application, the requirement for Mr Pilkin to pay $45,000 into Court by a specified date, the awarding of costs to Sony Australia, and a case management hearing set for a future date. These orders ensure the proceeding progresses while addressing the financial implications for the parties involved.