Australian Hotels Association v Copyright Tribunal [2008] FCAFC 37

FEDERAL COURT OF AUSTRALIA

Australian Hotels Association v Copyright Tribunal [2008] FCAFC 37 ADMINISTRATIVE LAW – review of decision of Copyright Tribunal – licensing scheme for use of recorded music in nightclubs – whether Tribunal asked itself the right question by referring to music in nightclubs as distinct from music in nightclubs for the purpose of dancing Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Copyright Act 1968 (Cth) s 154 Judiciary Act 1903 (Cth) s 39B Craig v South Australia (1995) 184 CLR 163 applied Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Phonographic Performance Company of Australia Limited under section 154(1) of the Copyright Act 1968 (Cth) [2007] ACopyT 1 affirmed AUSTRALIAN HOTELS ASSOCIATION, EXPLORER CRUISE LINES PTY LTD, CHB CHARTERS PTY LTD AND WEST AUSTRALIAN NIGHTCLUB ASSOCATION INC v COPYRIGHT TRIBUNAL AND PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LIMITED NSD 1536 OF 2007

HEEREY, LINDGREN & JACOBSoN JJ

13 March 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1536 OF 2007

BETWEEN: AUSTRALIAN HOTELS ASSOCIATION

First Applicant

EXPLORER CRUISE LINES PTY LTD

Second Applicant

CHB CHARTERS PTY LTD

Third Applicant

WEST AUSTRALIAN NIGHTCLUB ASSOCATION INC

Fourth Applicant

AND: COPYRIGHT TRIBUNAL

First Respondent

PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LIMITED

Second Respondent

JUDGES: HEEREY, LINDGREN & JACOBSoN JJ DATE OF ORDER: 13 march 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application is dismissed with costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA