Pocketful of Tunes Pty Ltd v Copyright Tribunal [2015] FCAFC 146

FEDERAL COURT OF AUSTRALIA

Pocketful of Tunes Pty Ltd v Copyright Tribunal [2015] FCAFC 146 Citation: Pocketful of Tunes Pty Ltd v Copyright Tribunal [2015] FCAFC 146

Appeal from: Pocketful of Tunes Pty Ltd v The Commonwealth of Australia (No 2) [2015] ACopyT 2

Parties: POCKETFUL OF TUNES PTY LTD (ACN 005 750 185) and BRUCE WILLIAM WOODLEY v COPYRIGHT TRIBUNAL OF AUSTRALIA and COMMONWEALTH OF AUSTRALIA

File number: VID 311 of 2015

Judges: KENNY, MIDDLETON AND ROBERTSON JJ

Date of judgment: 20 October 2015

Catchwords: COSTS – judicial review of the decision of the Copyright Tribunal decision to award indemnity costs under s 174(1) of Copyright Act 1968 on the basis of rejection of Calderbank offer made in Federal Court proceedings – an offer of compromise expressed as made in one proceeding does not generally provide the basis for an indemnity costs order in another proceeding, particularly where the latter proceeding was begun after the offer had lapsed – offer expired before commencement of Tribunal proceeding – offer made by different parties – issues in the Federal Court proceedings and the Tribunal proceedings different – Tribunal did not refer to any consideration contrary to the general principle – held: Tribunal had applied the wrong principle – question of costs remitted for further consideration