Macquarie Publications Pty Ltd v Coles Supermarkets Australia Pty Ltd

The plaintiff, Macquarie Publications Pty Ltd, brought an action against the defendant, Coles Supermarkets Australia Pty Ltd, in the Federal Court of Australia. The dispute involved a claim for damages due to the alleged breach of copyright laws by Coles, who had published an advertisement that Macquarie claimed was too similar to their own copyrighted work. The primary issue before the court was whether the questions of liability and damages should be heard and determined separately, particularly in light of the plaintiff's request to defer preparing and serving its expert evidence on the quantum of damages until after the liability had been determined.

The court considered the nature of the plaintiff's claim, which involved complex issues of copyright infringement and the assessment of damages. The plaintiff argued that it would be more efficient and fair to defer the preparation of its expert evidence on damages until after liability had been established, as it would not be necessary to incur the costs of preparing such evidence if the defendant was found not liable. Conversely, the defendant opposed this approach, contending that the issues of liability and damages should be determined concurrently to ensure an expeditious and cost-effective resolution of the dispute.

In its decision, the court held that while the issues of liability and damages could be considered separately in appropriate cases, the plaintiff's request to defer the preparation of expert evidence on damages until after liability had been determined was not justified. The court reasoned that the potential for unnecessary costs and delay did not outweigh the importance of resolving the issues of liability and damages concurrently, as this approach would ensure a more efficient and fair resolution of the dispute. Consequently, the court ordered that the issues of liability and damages should be heard and determined together. The court further ordered that the plaintiff prepare and serve its expert evidence on quantum in accordance with the established timetable.