FEDERAL COURT OF AUSTRALIA
Take-Two Interactive Software, Inc v Anderson [2021] FCA 1024
| File number(s): | NSD 1751 of 2018 |
| Judgment of: | NICHOLAS J |
| Date of judgment: | 27 August 2021 |
| Catchwords: | PRACTICE AND PROCEDURE – application to set aside judgment resulting from respondent's failure to comply with self-executing order – where self-executing order entered with the consent of the parties – where no satisfactory explanation advanced for failure to comply with order – whether arguable defence demonstrated – whether respondent would suffer prejudice were application refused – leave granted for respondent to defend claims referable to causes of action for which an arguable defence demonstrated |
| Legislation: | Competition and Consumer Act 2010 (Cth) sch 2
Copyright Act 1968 (Cth) ss 10, 116AN, 116AO Copyright Amendment Act 2006 (Cth) Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 5.21, 39.05 |
| Cases cited: | Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 3) [2020] FCA 1202
Re Luck (2003) 203 ALR 1 |
| Division: | General Division |
| Registry: | New South Wales |
| National Practice Area: | Intellectual Property |
| Sub-area: | Copyright and Industrial Designs |
| Number of paragraphs: | 71 |
| Date of last submissions: | 28 July 2021 |
| Date of hearing: | 21 June 2021 and 21 July 2021 |
