Republic of Turkey v Mackie Pty Ltd [No 2]

The Republic of Turkey brought an action against Mackie Pty Ltd, alleging infringement of copyright in architectural drawings. The case was initially heard by the Victorian Civil and Administrative Tribunal (VCAT). The dispute centred on the jurisdiction of VCAT to hear the case, as well as the merits of the claim itself. The parties contested whether VCAT had the authority to adjudicate over copyright matters of this nature, and if so, whether the allegations of copyright infringement were substantiated.

The court was required to determine whether VCAT had jurisdiction to hear the dispute and, if not, to remit the proceeding to the appropriate court. Additionally, the court needed to address the issue of costs, including the costs incurred in the primary proceeding at VCAT, the appeal to the Trial Division, and the further appeal to the Court of Appeal.

The Court of Appeal found that VCAT lacked jurisdiction to hear and determine the dispute. Consequently, the proceeding was remitted to the County Court. The court held that the nature of the dispute, involving complex copyright issues, was beyond VCAT's remit. Furthermore, the court examined the costs orders made by VCAT and the Trial Division. It determined that the costs of the primary proceeding and the appeal to the Trial Division were reasonable and should be borne by the losing party. However, the court ordered that the costs of the appeal to the Court of Appeal be borne by the appellant, Mackie Pty Ltd, in accordance with section 148(7)(d) of the Victorian Civil and Administrative Tribunal Act 1998.

In conclusion, the Court of Appeal remitted the proceeding to the County Court, upheld the costs orders made by VCAT and the Trial Division, and ordered that the costs of the appeal to the Court of Appeal be borne by Mackie Pty Ltd.