FEDERAL COURT OF AUSTRALIA

Ly v Commonwealth Director of Public Prosecutions [2001] FCA 211

THANH DAI LY v

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

N953 of 2000

THANH HAO LY v

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

N954 of 2000

TAMBERLIN J

SYDNEY

28 FEBRUARY 2001

REASONS FOR JUDGMENT

1                     I have before me a Notice of Motion to substitute three respondents for the presently named respondent which is the Commonwealth Director of Public Prosecutions in matters number N953 of 2000 and N954 of 2000.  These matters are appeals in relation to convictions under the Copyright Act 1968.  Having read the affidavit of Simon Paul Mitchell, and having heard submissions from counsel and the present respondent, I am satisfied that the appropriate respondents in this matter are the two persons named in the Notice of Motion, namely Grant Raper and Glenn Jenkins, and I am also satisfied that in view of the fact that there is to be a jurisdictional argument that it is appropriate to join the Magistrate in this matter in her capacity as the Presiding Magistrate.  The Commonwealth Director of Public Prosecutions should be removed as a party.

2                     Accordingly, I make orders in accordance with the Notice of Motion filed on 16 February.  The orders which are made are orders one and three in that Motion.

3                     I will reserve any question of costs.

Associate:

Dated:              15 March 2001