Appeal from order striking copyright claim dismissed due to cause of action estoppel.
The plaintiff appealed an order striking out its claim for copyright infringement (circumvention of digital locks) against the defendants.
The plaintiff had previously sued the defendants unsuccessfully for copyright infringement regarding the same film footage used in a documentary.
The Federal Court found no palpable and overriding error in the Associate Judge's conclusion that the current action involved the same cause of action as the prior lawsuit and was thus barred by cause of action estoppel.
The appeal was dismissed with costs.