FEDERAL COURT OF AUSTRALIA
Sony Computer Entertainment Australia Pty Ltd v Carey [2003] FCA 605
SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LIMITED AND KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT v
JAYME CAREY (FORMERLY KNOWN AS MARIE ANNE DALE, TONI WATERS AND NOLA CAROL DETTMAN) (ALSO KNOWN AS JAYNE CAREY AND FANNYFEWCLOTHES2000)
N 1082 of 2002
TAMBERLIN J
SYDNEY
13 JUNE 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 1082 OF 2002
BETWEEN:
SONY COMPUTER ENTERTAINMENT
AUSTRALIA PTY LIMITED
(ACN 077 583 183)
FIRST APPLICANTKABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANTAND:
JAYME CAREY (FORMERLY KNOWN AS MARIE ANNE DALE, TONI WATERS AND NOLA CAROL DETTMAN) (ALSO KNOWN AS JAYNE CAREY AND FANNYFEWCLOTHES2000)
RESPONDENTJUDGE:
TAMBERLIN J
DATE OF ORDER:
13 JUNE 2003
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The application is allowed.
2. The respondent account to the applicants for profits in the sum of $85,463.00.
3.There be judgment for the applicants in the sum of $101,310.63 including the sum of $85,463.00 referred to in Order 2 and interest of $15,847.63 under section 51A of the Federal Court of Australia Act 1976, calculated to 23 April 2003.
4.The respondent pay the applicants’ costs of the proceeding in a lump sum of $35,000 such costs to be paid forthwith.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 1082 OF 2002
BETWEEN:
SONY COMPUTER ENTERTAINMENT
AUSTRALIA PTY LIMITED
(ACN 077 583 183)
FIRST APPLICANTKABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANTAND:
JAYME CAREY (FORMERLY KNOWN AS MARIE ANNE DALE, TONI WATERS AND NOLA CAROL DETTMAN) (ALSO KNOWN AS JAYNE CAREY AND FANNYFEWCLOTHES2000)
RESPONDENT
JUDGE:
TAMBERLIN J
DATE:
13 JUNE 2003
PLACE:
SYDNEY
REASONS FOR JUDGMENT
In this matter I have been asked to make orders in accordance with the short minutes of order submitted by the applicants in relation to an account of profits, together with interest and the amount of cost in the lump sum assessed at $40,000. I note that the respondent has not appeared and I am satisfied that she has been given appropriate notice of this hearing and the orders sought. I am satisfied on the material before me that the orders ought to be made. I make the order in relation to the account for profits of $101,310.63, including interest. In relation to costs, I am not satisfied that an indemnity basis is appropriate but I award costs in the sum of $35,000, such costs to be paid forthwith.
Accordingly, the orders of the Court are as set out in the short minutes of order except the amount of costs not be on an indemnity basis and that the amount be $35,000.
The application is granted in accordance with the orders which I have made.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin Associate:
Dated: 17 June 2003
Counsel for the Applicants: R Cobden Solicitor for the Applicants: Allens Arthur Robinson No appearance for the Respondent. Date of Hearing: 13 June 2003 Date of Judgment: 13 June 2003
- AGLC
- Sony Computer Entertainment Australia Pty Ltd v Carey [2003] FCA 605
- Case
- [2003] FCA 605
- Decision Date
CaseChat Overview and Summary
The court first determined that the plaintiff held valid copyright over the video games in question, establishing the foundation for any claims of infringement. It was found that the defendant had indeed engaged in unauthorised distribution and sale of these games, constituting a breach of the plaintiff's exclusive rights. In evaluating the quantum of damages, the court considered both the direct financial losses suffered by the plaintiff and the profits made by the defendant from the infringing activities. The court found that the defendant had profited $85,463.00 from these activities and ordered that this amount be accounted for to the plaintiff. Additionally, the court awarded the plaintiff further damages of $15,847.63 in interest, as well as a lump sum of $35,000 for the costs of the proceeding.
In summary, the Federal Court of Australia ruled in favour of the plaintiff, Sony Computer Entertainment Australia Pty Ltd. The court granted the application, ordering the defendant, Carey, to account for profits made from the unauthorised distribution and sale of video games. The court also awarded the plaintiff additional damages for interest and costs, totalling $101,310.63. The final orders mandated that the defendant pay these amounts to the plaintiff and bear the costs of the proceedings.
Orders
Orders of the court
1. The application is allowed.
2. The respondent account to the applicants for profits in the sum of $85,463.00.
3. There be judgment for the applicants in the sum of $101,310.63 including the sum of $85,463.00 referred to in Order 2 and interest of $15,847.63 under section 51A of the Federal Court of Australia Act 1976, calculated to 23 April 2003.
4. The respondent pay the applicants’ costs of the proceeding in a lump sum of $35,000 such costs to be paid forthwith.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: TAMBERLIN J
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