FEDERAL COURT OF AUSTRALIA
Allam v Aristocrat Technologies Australia Pty Ltd [2012] FCAFC 34
Citation: Allam v Aristocrat Technologies Australia Pty Ltd [2012] FCAFC 34 Appeal from: Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2009] FCA 1495 Parties: RIAD ALLAM v ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD (ACN 001 660 715), ARISTOCRAT INTERNATIONAL PTY LIMITED (ACN 000 148 158), ARISTOCRAT TECHNOLOGIES INC, GLOBAL GAMING SUPPLIES PTY LTD (ACN 008 548 589), ANTHONY EDWARD ANDREWS, IMPACT GAMING PTY LTD (ACN 109 299 461) and FRANCIS GEORGE BERNARD CRAGEN
GLOBAL GAMING SUPPLIES PTY LTD (ACN 008 548 589), ANTHONY EDWARD ANDREWS, IMPACT GAMING PTY LTD (ACN 109 299 461) and FRANCIS GEORGE BERNARD CRAGEN v ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD (ACN 001 660 715), ARISTOCRAT INTERNATIONAL PTY LIMITED (ACN 000 148 158) and ARISTOCRAT TECHNOLOGIES INC
File numbers: NSD 292 of 2010
NSD 293 of 2010Judges: BENNETT, MIDDLETON AND YATES JJ Date of judgment: 21 March 2012 Catchwords: COPYRIGHT – infringement – gaming machine games and components – circumstantial evidence – whether infringement by dealing established
EVIDENCE – whether primary judge erred by varying rulings made under s 136 of the Evidence Act 1995 (Cth) at the time of final submissions when the course of evidence had been completed
EVIDENCE – whether primary judge erred in the use of evidence not tendered as proof of facts stated in them or as tendency evidence – where evidence not relevant except as to credit or the existence of a joint venture
DAMAGES – whether liability for compensatory damages established on the evidence
DAMAGES – additional damages – whether the amount of additional damages was excessive
DAMAGES – whether damages should have been awarded in favour of all applicants – where agreement licensing relevant copyright in favour of certain applicants executed after time of infringements and commencement of proceedings
Legislation: Copyright Act 1968 (Cth) ss 36, 38, 60, 95, 106, 115(2), 115(4), Pt 3.6
Evidence Act 1995 (Cth) ss 135, 136Cases cited: Aristocrat Technologies Australia Pty Ltd v DAP Services (Kempsey) Pty Ltd (2007) 157 FCR 564
Autodesk Inc v Yee (1996) 68 FCR 391
Bailey v Namol Pty Limited (1994) 53 FCR 102
Beneficial Finance Corporation Ltd v Karavas (1991) 23 NSWLR 256
BMG Poseidon Corp Pty Ltd v Adelaide Bank Ltd [2009] FCA 389
Briginshaw v Briginshaw (1938) 60 CLR 336
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466
Daniel v State of Western Australia (2004) 138 FCR 254
Enzed Holdings Ltd v Wynthea Pty Ltd (1984) 57 ALR 167
Fox v Percy (2003) 214 CLR 118
Gambro Pty Limited v Fresenius Medical Care Australia Pty Limited [2004] FCA 1025
Neat Holdings Pty Limited v Karajan Holdings Pty Ltd (1992) 110 ALR 449
Nguyen v Cosmopolitan Homes [2008] NSWCA 246
Paramount Pictures Corporation v Hasluck (2006) 70 IPR 293
Prior v Lansdowne Press Pty Ltd [1977] VR 65
Qantas Airways Ltd v Gama
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- Case
- [2012] FCAFC 34
- Decision Date
CaseChat Overview and Summary
The court found that the primary judge did not err in varying evidentiary rulings, as the circumstances of the case had changed since the initial rulings were made. Regarding the admissibility of evidence, the court held that the primary judge did not err in using evidence that was not tendered as proof of facts stated in them or as tendency evidence, as it was relevant to the credit of the witness or the existence of a joint venture. The court also found that the primary judge did not err in concluding that the applicants were liable for compensatory damages. However, the court held that the amount of additional damages awarded was excessive and reduced the amount. Finally, the court found that damages should not have been awarded in favour of all respondents, as the agreement licensing the relevant copyright in favour of certain respondents was executed after the time of the infringements and the commencement of proceedings.
The final orders of the court required the parties to file agreed draft orders within seven days, including as to costs, or, if agreement could not be reached, to file and serve proposed orders and written submissions in support thereof. Entry of orders was to be dealt with in accordance with Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. Within seven days the parties are to file agreed draft orders (including as to costs) giving effect to these reasons or, if agreement cannot be reached, file and serve proposed orders and written submissions in support thereof.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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