Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Acohs Pty Ltd v Ucorp Pty Ltd (No 2) [2012] FCAFC 67 Citation: Acohs Pty Ltd v Ucorp Pty Ltd (No 2) [2012] FCAFC 67
Appeal from: Acohs Pty Ltd v Ucorp Pty Ltd [2010] FCA 577
Parties: ACOHS PTY LTD (ACN 009 572 187) v UCORP PTY LTD (ACN 062 768 094) and BERNARD BIALKOWER
File number: VID 506 of 2010
Judges: JACOBSON, NICHOLAS AND YATES JJ
Date of judgment: 14 May 2012
Cases cited: Acohs Pty Ltd v Ucorp Pty Ltd [2012] FCAFC 16
Date of hearing: Determined on the papers
Date of last submissions: 16 March 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 13
Counsel for the Appellant: Mr G Dalton
Solicitor for the Appellant: White Ellis Lawyers
Counsel for the Respondents: Mr R Garratt QC with Mr P Wallis and Mr S Rebikoff
Solicitor for the Respondents: Holding Redlich
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 506 of 2010
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ACOHS PTY LTD (ACN 009 572 187)
Appellant
AND: UCORP PTY LTD (ACN 062 768 094)
First Respondent
BERNARD BIALKOWER
Second Respondent
JUDGES: JACOBSON, NICHOLAS AND YATES JJ DATE OF ORDER: 14 May 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is allowed. 2. Orders 1 and 2 made by the primary judge on 10 June 2010 are set aside. 3. The first respondent, whether by its servants, agents or otherwise, is restrained from, without the licence of the appellant/applicant: (a) reproducing in a material form the whole or any substantial part of any of the copyright works; (b) communicating to the public the whole or any substantial part of any of the copyright works; or (c) authorising any other person to do any of the acts specified in paragraphs (a) or (b) hereof. In this order "copyright works" shall mean any of the material safety data sheets listed as "Authored by ACOHS" in Annexure A and Annexure A1 to the Amended Particulars of Copyright Ownership dated 31 August 2009. 4. All outstanding issues (including the costs of the proceeding before the primary judge) are remitted to the primary judge for determination in light of this Court's reasons for judgment. 5. The respondents are to pay to the appellant 70% of the appellant's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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