Websyte Corporation Pty Ltd v Alexander

FEDERAL COURT OF AUSTRALIA

Websyte Corporation Pty Ltd v Alexander [2012] FCA 69

Citation:		Websyte Corporation Pty Ltd v Alexander [2012] FCA 69
Parties:		WEBSYTE CORPORATION PTY LTD (ACN 097 870 936) v LACHLAN ALEXANDER and SHANE MCGRATH
File number:		VID 207 of 2011
Judge:		JESSUP J
Date of judgment:		13 February 2012
Catchwords:		PRACTICE AND PROCEDURE – Search order – Undertakings not to use recovered items for other purpose – Whether applicant to be released from undertakings – Whether documents might be provided to police in connection with corresponding criminal investigation.
Legislation:		Copyright Act 1968 (Cth) s 132AJ Crimes Act 1958 (Vic) s 247G
Cases cited:		Bailey v Australian Broadcasting Corporation [1995] 1 Qd R 476 Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283
Date of hearing:	1 February 2012
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	26
Counsel for the Applicant:	Mr I Horak
Solicitor for the Applicant:	Holding Redlich
Counsel for the First Respondent:	The first respondent did not appear
Counsel for the Second Respondent:	Mr J Wheelahan
Solicitor for the Second Respondent:	Bullards Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 207 of 2011

BETWEEN:

WEBSYTE CORPORATION PTY LTD (ACN 097 870 936)
Applicant

AND:

LACHLAN ALEXANDER
First Respondent

SHANE MCGRATH
Second Respondent

JUDGE:	JESSUP J
DATE OF ORDER:	13 FEBRUARY 2012
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The applicant’s interlocutory application filed on 12 January 2012 be dismissed.

2.With respect to the second respondent’s interlocutory application filed on 17 January 2012:

(a)that application be stood over to a time and date fixed by the docket Judge;

(b)the parties have liberty to apply;

(c)the parties’ costs to date be reserved.

3.The date by which the second respondent make discovery pursuant to Order 3 made on 2 November 2011 be extended to 28 February 2012.

4.Orders 4-14 and 17-20 made on 2 November 2011 be vacated.

5.The proceeding be listed for directions at 11:00 am on 5 March 2012.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 207 of 2011

BETWEEN:

WEBSYTE CORPORATION PTY LTD (ACN 097 870 936)
Applicant

AND:

LACHLAN ALEXANDER
First Respondent

SHANE MCGRATH
Second Respondent

JUDGE:	JESSUP J
DATE:	13 FEBRUARY 2012
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. These reasons relate to two interlocutory applications made in January 2012, which came before me as duty Judge on 1 February 2012.  Only the applicant and the second respondent appeared on the hearing of these applications.  The proceeding itself is in the docket of Dodds-Streeton J. 

2. The applicant, Websyte Corporation Pty Ltd, is in the business of developing internet websites, e-commerce websites and advertising.  It alleges that the respondents, while in its employ, took steps to establish a business for the marketing and sale of printer cartridges over the internet.  It alleges that they reproduced its software for use in their business, so…