COPYRIGHT – statement of claim alleged that director of company caused, authorised, directed or procured company to engage in conduct alleged to infringe copyright in plans – no material facts pleaded to support conclusion – no evidence adduced on summary judgment application to demonstrate any foundation exists to make allegation – uncontested evidence adduced by director that he engaged in no such conduct – serious question raised about whether applicant was the owner of copyright in the plans – no evidence adduced by applicant to demonstrate the basis upon which it would seek to establish ownership at trial
PRACTICE AND PROCEDURE – summary judgment – no reasonable cause of action disclosed – no reasonable prospect of success – allegations made for purpose of obtaining discovery from company to ascertain involvement of director in relation to alleged infringement – abuse of process – summary judgment granted to third respondent
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0873
For more information, see the original judgement.
