Wills v Morris

[2008] FCA 784

FEDERAL COURT OF AUSTRALIA

Wills v Morris [2008] FCA 784

ANDREW C WILLS v CINDY MORRIS, ROSS STEWART, RUSSELL SMITH, STEVE DESCHAMP, RONAN CHARLES, CRAIG BALLANTYNE, BRAD REID, COMMUNITY TELEVISION PERTH INC, CHANNEL 31, AUSTRALIAN BROADCASTING CORPORATION AUSTRALIA, AUSTAR, FOXTEL

WAD 370 OF 2006

GILMOUR J
14 MAY 2008
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 370 OF 2006

BETWEEN:	ANDREW C WILLS Applicant
AND:	CINDY MORRIS ROSS STEWART RUSSELL SMITH STEVE DESCHAMP RONAN CHARLES CRAIG BALLANTYNE BRAD REID COMMUNITY TELEVISION PERTH INC CHANNEL 31 AUSTRALIAN BROADCASTING CORPORATION AUSTRALIA AUSTAR FOXTEL Respondents
JUDGE:	GILMOUR J
DATE OF ORDER:	14 MAY 2008
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The proceedings against the Australian Broadcasting Corporation be dismissed.

2.The applicant pay the Australian Broadcasting Corporation’s costs of and incidental to the notice of motion dated 4 March 2008 and the cost of the proceedings including any reserve costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 370 OF 2006

BETWEEN:	ANDREW C WILLS Applicant
AND:	CINDY MORRIS ROSS STEWART RUSSELL SMITH STEVE DESCHAMP RONAN CHARLES CRAIG BALLANTYNE BRAD REID COMMUNITY TELEVISION PERTH INC CHANNEL 31 AUSTRALIAN BROADCASTING CORPORATION AUSTRALIA AUSTAR FOXTEL Respondents

JUDGE:	GILMOUR J
DATE:	14 MAY 2008
PLACE:	PERTH

REASONS FOR JUDGMENT

1. Mr Wills filed an application in the Court on 19 December 2006 for relief in the following terms:

   (1)Restitutio integritas for breach of copyright matters relating to the applicant who claims ownership as the author of intellectual property being specifically a series of cinematographs.  These claims of authorship rights are made pursuant to sections 22, 90, 98, 204 of the 1968 Australian Copyright Act.

   (2)Unliquidated claims for criminal negligence, exemplary, aggravated, contemptuous, punitive damages ex causating, suffering and loss related to effluxion of applicant’s publications/authorships, prerogative rights as defined by sections 27, 29, 34, 36, 37, 43, 86, 87, 90, 91, 101, 103, 111, 115, 116 of the 1968 Australian Copyright Act.

   (3)Any other costs/damages that this honourable court shall deem fit as evidence of further torts and breaches may be discovered during the proceedings relevant to the abovementioned matters. 

2. Interlocutory relief was also sought in the application as follows:

   (i)Respondent’s account of profits a period of time that applicant’s restitution integrum covers.

   (ii)The constitution of qualified witnesses accepted statements who can validate commercial lost potential of applicants.

   (iii)Claims for restitution.

3. The application was directed to seven individuals and five media organisations.  One of which is the tenth-named respondent, the Australian Broadcasting Corporation (“ABC”).   

4. The application was supported by an affidavit sworn by the applicant on 19 December 2006 it is in the following terms:

   (1)I filmed cinematographic material for the purpose of producing a network of independent show reels to promote a conceptional format destined for interactive use on the internet which I had invented.

   (2)This material was then taken without my consent or payment or negotiation and broadcast…