Copyright Agency Limited v State of New South Wales (No 3)

[2014] ACopyT 1

COPYRIGHT TRIBUNAL OF AUSTRALIA

Copyright Agency Limited v State of New South Wales (No 3) [2014] ACopyT 1

Citation:		Copyright Agency Limited v State of New South Wales (No 3) [2014] ACopyT 1
Parties:		COPYRIGHT AGENCY LIMITED v STATE OF NEW SOUTH WALES
File number:		CT 2 of 2003
Tribunal:		PERRAM J (DEPUTY PRESIDENT)
Date of judgment:		3 June 2014
Date of hearing:	The application was heard on the papers
Date of last submissions:	16 May 2014
Place:	Sydney
Category:	No catchwords
Number of paragraphs:	2
Counsel for the Applicant:	Mr DK Catterns QC and Mr MR Ellicott
Solicitor for the Applicant:	Banki Haddock Fiora
Counsel for the Respondent:	Ms J Baird SC and Mr D Tynan
Solicitor for the Respondent:	IV Knight, Crown Solicitor for New South Wales

COMMONWEALTH OF AUSTRALIA
Copyright Act 1968
IN THE COPYRIGHT TRIBUNAL OF AUSTRALIA	CT 2 of 2003

BETWEEN:	COPYRIGHT AGENCY LIMITED Applicant
AND:	STATE OF NEW SOUTH WALES Respondent

TRIBUNAL:	PERRAM J (DEPUTY PRESIDENT)
DATE OF ORDER:	4  JUNE 2014
WHERE MADE:	SYDNEY

THE TRIBUNAL ORDERS THAT:

1.   Each party’s application for further orders is dismissed.

COMMONWEALTH OF AUSTRALIA
Copyright Act 1968
IN THE COPYRIGHT TRIBUNAL OF AUSTRALIA	CT 2 of 2003

BETWEEN:	COPYRIGHT AGENCY LIMITED Applicant
AND:	STATE OF NEW SOUTH WALES Respondent

TRIBUNAL:	PERRAM J (DEPUTY PRESIDENT)
DATE:	4 JUNE 2014
PLACE:	SYDNEY

REASONS FOR DETERMINATION

1. All I will do this morning is say that I decline to make the orders sought by either party.  I do so because, in relation to the State’s proposed orders, in light of the Tribunal’s finding of fact that agreement had been reached with regard to payment for retrospective use, it lacks jurisdiction, as it earlier pointed out, to determine the terms.  If the State wishes to reopen the hearing to set aside that factual finding, it will need to take that course. 

2. I decline to make CAL’s orders enforcing the disputed agreement because they involve the exercise of judicial power which the Tribunal lacks.  If the parties wish to commence a proceeding in the Federal Court seeking declaratory relief or specific performance of the now disputed agreement, they can take that course and I will arrange for that matter to be docketed to me. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Perram (Deputy President).

Associate:

Dated:       5 June 2014