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 |
|
|
N1088 of 2000 |
|
BETWEEN: |
SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD FIRST APPLICANT
KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT SECOND APPLICANT
|
|
AND: |
DESMOND WRIGHT RESPONDENT
|
|
DATE OF ORDER: |
|
|
WHERE MADE: |
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 |
|
|
N1088 of 2000 |
|
BETWEEN: |
SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD FIRST APPLICANT
KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT SECOND APPLICANT
|
|
AND: |
RESPONDENT
|
|
JUDGE: |
|
|
DATE: |
|
|
PLACE: |
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 |
|
