Re. Group Pty Ltd v Kazal (No 4)

FEDERAL COURT OF AUSTRALIA

Re. Group Pty Ltd v Kazal (No 4) [2017] FCA 1084

File number:

NSD 2080 of 2016

Judge:

PERRAM J

Date of judgment:

25 September 2017

Catchwords:

CONTEMPT OF COURT – where Second Respondent allegedly failed to comply with mandatory orders by publishing certain representations and photographs on his website and by failing to remove them from that website –whether terms of orders ambiguous – whether terms of orders breached – whether Second Respondent in contempt of court

Legislation:

Copyright Act 1968 (Cth) ss 10, 31(1)(b)(iii), 35(2), 36(1)

Cases cited:

Advan Investments Pty Ltd v Gleeson Motor Sales Pty Ltd [2003] VSC 201

Australasian Meat Industry Employees’ Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98

Construction, Forestry, Mining and Energy Union v Grocon Constructors (Victoria) Pty Ltd [2014] VSCA 261; (2014) 47 VR 527

Dyers v The Queen [2002] HCA 45; (2002) 210 CLR 285

Hearne v Street [2008] HCA 36; (2008) 235 CLR 125

Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298

Kazal v Thunder Studios Inc (California) [2017] FCA 111

Re.Group Ltd v Kazal (No 3) [2017] FCA 754

Date of hearing:

11 July 2017

Date of last submissions:

8 August 2017 (Applicants)
21 August 2017 (Respondents)

Registry:

New South Wales

Division:

General Division

National Practice Area:

Intellectual Property

Sub-area:

Copyright and Industrial Designs

Category:

Catchwords

Number of paragraphs:

78

Counsel for the Applicants:

Mr A Leopold SC with Mr R Jedrzejczyk

Solicitor for the Applicants:

Ashurst Australia

Counsel for the Respondents:

Mr A Coleman SC with Mr R Potter

Solicitor for the Respondents:

Mitry Lawyers

ORDERS

NSD 2080 of 2016

BETWEEN:

RE. GROUP PTY LTD ACN 166 255 947

First Applicant

DAVID SINGH

Second Applicant

AND:

ADAM KAZAL

First Respondent

CHARIF KAZAL

Second Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	25 SEPTEMBER 2017

THE COURT ORDERS THAT:

1.The parties bring in a minute of order giving effect to the conclusions reached in this judgment within 7 days.

2.The matter be stood over for a further case management hearing on Tuesday, 3 October 2017 at 9.30am.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

PERRAM J:

1.    Introduction

1. On 6 December 2016, Griffiths J made Orders 2, 4 and 6 as follows:

   ‘2.An order that, until the final determination of this proceeding or earlier further order, the Second Respondent, by himself, his employees, servants or agents, be restrained from using the photographs of the Second Applicant that are Annexure “A” to this Originating Application in any way that would infringe the copyright in those paragraphs without first obtaining the permission or licence of the owner of the copyright in those photographs.

   …

   4.An order that the Second Respondent cause to be removed, within 48 hours, the photographs of the Second Applicant that are Annexure “A” to this Originating Application from the Website referred to in the Statement of Claim.