Melbourne University Publishing Ltd v Williamson

FEDERAL COURT OF AUSTRALIA

Melbourne University Publishing Ltd v Williamson [2005] FCA 1910

COSTS – claim for infringement of copyright – consent judgement – no letter or other demand before action – whether respondent should pay costs

MELBOURNE UNIVERSITY PUBLISHING LIMITED & ORS v SCOTT STEPHEN WILLIAMSON

NO VID 1434 OF 2005

HEEREY J
20 DECEMBER 2005
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 1434 OF 2005

BETWEEN:

MELBOURNE UNIVERSITY PUBLISHING LIMITED (ABN 82 103 214 713)
FIRST APPLICANT

McGRAW-HILL AUSTRALIA PTY LTD (ABN 18 000 473 674)
SECOND APPLICANT

NELSON AUSTRALIA PTY LIMITED (ABN 14 058 280 149)
THIRD APPLICANT

REED INTERNATIONAL BOOKS AUSTRALIA PTY LIMITED (ABN 70 001 002 357)
FOURTH APPLICANT

AND:

SCOTT STEPHEN WILLIAMSON
RESPONDENT

JUDGE:

HEEREY J

DATE OF ORDER:

20 DECEMBER 2005

WHERE MADE:

MELBOURNE

ORDERS

Upon the respondent acknowledging to the court and the applicants that he has infringed the copyright in each of the literary works and published editions whose title appears in column 1 of Schedule 1 to the Statement of Claim in the proceeding, being a copyright of the applicant (the “relevant applicant”) whose name is set out in column 6 of Schedule 1 for that title by reproducing in a material form the whole or a substantial part of the literary work.

THE COURT ORDERS THAT:

1.The court grants leave to the applicants to file and serve the amended application that was placed on the court file and served on the respondents on 14 November 2005.

2.The respondent, whether by himself or his employees, agents or howsoever otherwise be restrained from, without licence of the relevant applicants or without lawful defence, reproducing in any material form, or authorising the reproduction in any material form of, any literary work of which any applicant is the owner of the copyright. 

3.If the parties are unable to agree on or before 20 January 2006 an amount to be paid by the respondent to the applicants (by way of damages including additional damages pursuant to s 115(4) of the Copyright Act 1968 (Cth) or, at the election of the applicants, an account profits) in respect of the acknowledged infringements, the applicants may apply to the court for further orders.

4.Subject to 5 below, the respondent preserve all property in his possession relating to the acknowledge infringements including”

(a)Photocopies and electronic copies of all the works and published editions contained on the photocopy list of titles being Schedule 1 to the Statement of Claim.

(b)All accounting records, in electronic and hard from, relating to photocopying of those works and published editions and purchase orders and sales thereof.

5.The respondent deliver up on oath to the applicants’ solicitors within 30 days of the date of these orders for destruction under supervision all reproductions in any material form of the whole or any substantial part of the works (as defined in the Statement of Claim) acknowledge to be infringed.

Note:    Settlement and entry of orders is dealt with in Order 36 of…