Marine Engineering & Generator Services Pty Ltd v State of Queensland (Queensland Emergency Services)

[1997] ACopyT 4

COMMONWEALTH OF AUSTRALIA
COPYRIGHT ACT 1968

IN THE COPYRIGHT TRIBUNAL             No. CT4 of 1996

Application by:  MARINE ENGINEERING AND

GENERATOR SERVICES PTY LTD

Applicant

THE STATE OF QUEENSLAND

(QUEENSLAND EMERGENCY

SERVICES)

Respondent

JUDGE MAKING ORDER:       LOCKHART J

DATE ORDER MADE:              19 JUNE 1997W

WHERE ORDER MADE:           SYDNEY

MINUTE OF ORDER

THE TRIBUNAL ORDERS THAT:

1. The respondent pay the costs of the applicant of this     application, including reserved costs, if any.

COMMONWEALTH OF AUSTRALIA
COPYRIGHT ACT 1968

IN THE COPYRIGHT TRIBUNAL  No. CT4 of 1996

Application by:              MARINE ENGINEERING AND

GENERATOR SERVICES PTY LTD

Applicant

THE STATE OF QUEENSLAND

(QUEENSLAND EMERGENCY SERVICES)

Respondent

19 June 1997

REASONS FOR DECISION

LOCKHART J

On 22 May 1997 the Tribunal published its reasons for decision and made an order for payment of the sum of $3,900 by the respondent, the State of Queensland, to the applicant. The Tribunal also ordered the applicant and the respondent to file brief written submissions concerning costs.

Both parties have since filed their submissions and I have read them.

I need not refer to the submissions as they have been considered fully by me.

In my opinion the respondent should pay the applicant's costs of the matter. The applicant has succeeded in its claim. It is true that the Fire Service laboured under the misapprehension that it was entitled to do, in essence, what it liked with both the Schedule and the Log. It is also true that, once the applicant became aware that the respondent had used its Log and informed the respondent that such use constituted an infringement of the applicant's copyright in the Log, the respondent ceased to use it.

Nevertheless, it is plain from the material accompanying the written submissions that any misunderstanding on the respondent's part as to the basis of the application was resolved by August or September 1996.

The Tribunal orders the respondent to pay the applicant's costs of this application including reserved costs, if any.

I hereby certify that this and the preceding two (2) pages are a true copy of the reasons for decision herein of the Honourable Justice Lockhart.

Associate

Dated:19 June 1997

Counsel for the Applicant:  Mr C Moore

Solicitors for the Applicant:  Cleary & Lee

Counsel for the Respondent:  Mrs D Mullins

Solicitors for the Respondent:  Crown Law

Date of Judgment:  19 June 1997