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 remedy. The applicants are also entitled to declaratory and injunctive relief in an appropriate form for unlawful interference with contractual relations.

68 In relation to the claims for misleading and deceptive conduct, the applicants have informed me that they no longer press the case pleaded in paras 57–60 and 64(a) of the statement of claim. In those circumstances, there will be no declaration based on the allegations contained in those paragraphs. However, in my view there should be a declaration made in respect of the applicants' conduct as pleaded in paras 61–64 of the statement of claim.

69 My present view is that it would not be appropriate to grant the applicants any relief for contravention of either s 116AN or s 116AO of the Copyright Act. On the very limited evidence before me, I am not persuaded that the applicants have shown that they are entitled to any relief for contravention of either of those sections. I am not disposed to grant the applicants the declaratory or injunctive relief they seek in the absence of further evidence which it will be open to them to call at a trial of the proceeding confined to the issues arising under s 116AN and s 116AO of the Copyright Act and the quantification of the applicants' claims for pecuniary relief.

70 In relation to costs, the respondent should pay the applicants' costs of the proceeding to date as taxed or agreed except such costs referable to the claims made at paras 57–60 and 64(a) of the statement of claim.

71 Orders accordingly.

I certify that the preceding seventy-one (71) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Nicholas.

Associate:

Dated: 27 August 2021 Take-Two Interactive Software, Inc v Anderson [2021] FCA 1024