Aristocrat Technologies Australia Pty Ltd and Ors v. Global Gaming Supplies Pty Ltd and Ors
Aristocrat Technologies Australia Pty Ltd and Ors v. Allam and Ors

Lower Court Judgment

25/05/2012 Federal Court of Australia (Bennett, Middleton and Yates JJ)

21/03/2012 Federal Court of Australia (Bennett, Middleton and Yates JJ)

[2012] FCAFC 75, [2012] FCAFC 34

Catchwords

Evidence – Tendency evidence – Evidence Act 1995 (Cth), s 97 – Applicants engaged in business of manufacturing and selling electronic gaming machines – Applicants alleged that the respondents infringed copyright under s 38 of the Copyright Act 1968 (Cth) by selling counterfeited gaming machines – Infringement of copyright in circumstances where respondent 'knew, or ought reasonably to have known, the making of the article constituted an infringement of copyright' – Email chain that demonstrated that the respondents had a tendency to engage in infringing transactions – Whether emails inadmissible tendency evidence – Whether the limitation on tendency evidence in s 97 of the Evidence Act 1995 applies to evidence of a person's awareness or state of mind about that person's own prior activities where the issue is the person's knowledge or reasons to believe under s 38 of the Copyright Act 1968 (Cth).

Intellectual Property – Copyright – Copyright Act 1968 (Cth), s 38 –Infringement – Infringement by dealing – Whether respondents infringed applicants' copyright.

Short Particulars