Sony Computer Entertainment Australia Pty Ltd v Wright

[2000] FCA 1933

FEDERAL COURT OF AUSTRALIA

Sony Computer Entertainment Australia Pty Ltd v Wright [2000] FCA 1933

SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD & ANOR v DESMOND WRIGHT
N1088 of 2000

MADGWICK J
5 DECEMBER 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1088 of 2000

BETWEEN:

SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD
FIRST APPLICANT

KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANT

AND:

DESMOND WRIGHT
RESPONDENT

JUDGE:

MADGWICK J

DATE OF ORDER:

5 DECEMBER 2000

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to s 137(3)(b) of the Trade Marks Act 1995 (Cth) the 380 CD-ROMs seized on 4 September 2000 by the Australian Customs Service (ACS Reference Number V00/03134) be forfeited to the Commonwealth.

2.The proceedings be otherwise dismissed.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1088 of 2000

BETWEEN:

SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD
FIRST APPLICANT

KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANT

AND:

DESMOND WRIGHT
RESPONDENT

JUDGE:	MADGWICK J
DATE:	5 DECEMBER 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(revised from transcript)

HIS HONOUR:

1. In this matter I am satisfied that all reasonable efforts, short of substituted service by way of advertisement, have been taken to serve the respondent.

2. The material before me suggests that a nom de guerre has been employed by the importer of what appear to be the infringing items and I think that the prospects of requiring substituted service producing anybody to defend these proceedings are nil. 

3. Accordingly it seems to me that I should make orders in accordance with the short minutes, which I will do.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.

Associate:

Dated:             12 January 2001

Counsel for the Applicants:	S Dowling
Solicitor for the Applicant:	Allen Allen & Hemsley
No appearance for the Respondent
Date of Hearing:	5 December 2000
Date of Judgment:	5 December 2000