Roadshow Films Pty Ltd v iiNet Ltd (No 4)

The case of Roadshow Films Pty Ltd v iiNet Ltd (No 4) was before the court, where the primary issue involved the determination of costs in relation to a copyright infringement dispute. The applicants, Roadshow Films, alleged that iiNet, an internet service provider, had facilitated the infringement of their copyrights. The legal issues the court had to decide included whether iiNet had authorised the infringement and if the statutory defences that iiNet had invoked would have been successful. The court found that iiNet had not authorised the infringement, and therefore, the statutory defences did not need to be considered. Additionally, the court determined that these defences would not have been successful even if they had been considered.

The court's reasoning focused on the unsuccessful reliance by iiNet on its statutory defences, which rendered the question of their success moot. Given that iiNet could not rely on these defences, the court held that there was no basis for apportioning costs between the parties. Consequently, the court rejected iiNet’s claim for indemnity costs, finding that Roadshow Films’ conduct did not warrant such an award. The court ruled that iiNet was entitled to its costs on the usual basis in respect of its defence and investigation of the primary infringement claim. The court concluded that both the claim for apportionment of costs by the applicants and the claim for indemnity costs by iiNet were dismissed.

The final orders of the court mandated that the applicants pay the costs of iiNet, including costs thrown away due to the abandonment of the primary infringement claim by the applicants. Additionally, each party was to bear its own costs in relation to the application for costs. This decision underscores the court's careful consideration of the procedural aspects of the case, particularly focusing on the appropriate allocation of costs in light of the findings regarding the authorisation of infringement and the effectiveness of statutory defences.