Sony Computer Entertainment Australia Pty Ltd v Carey

[2003] FCA 605

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 APPLICANT

KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANT

AND:

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 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 APPLICANT

KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANT

AND:

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

1. 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.

2. 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.

3. 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