Read the full judgment text of CACV 000059/1997 on BabelCite. This Court of Appeal judgment was delivered on 11 June 1997 before Nazareth VP, Godfrey JA, Rogers J.
Civil procedure – discovery – specific discovery – copyright infringement – whether judge erred in limiting or refusing specific discovery of documents relating to sales to Alaron, promotional/advertising material and sales to other customers – Rules of the Supreme Court, Order 24 rule 8 – necessity test – copyright in drawings of M-16 headphone radio and battery plant divider – pleaded defence of joint development, joint ownership of equitable title and express licence in March 1994 – additional damages under s.17(3) of the Copyright Act 1956 – flagrancy – assessment of damages – directors' liability for copyright infringement – reference to Cannon Kabushiki Kaisha v Green Cartridge Company (Hong Kong) Ltd – whether discovery of documents predating plaintiff's first sale in May 1992 necessary – whether documents relating to promotions, advertisements and sales to other customers relevant to liability or quantum – 'satellite' litigation – appeal dismissed.
Legal issues: Scope of specific discovery in copyright infringement action under O.24 r.8 RSC · Whether documents relating to sale and supply of headphone radios to Alaron before May 1992 should be discoverable · Whether promotional and advertising documents and documents of sales to other customers should be discoverable
Outcome: Appeal dismissed; the judge's order limiting and refusing specific discovery was upheld.
Cited by 1 case