Polygram Records Pty Ltd v Monash Records (Australia) Pty Ltd & Anor [1985] FCA 662

CATCHWORODS

TRADE PRACTICES ~ sound recordings ~ copyright - prima facie case of infringement ~ interlocutory relief - Anton Piller order - jurisdiction - Trade Practices Act 1974 - Copyright Act 1968.

Trade Practices Act 1974, s.52 Copyright Act 1968, ss.102, 115, 116, 119.

Calsil Limited v. Ferald Pty. Limited (unreported Judgment of Toohey J. of 12 July 1985)

Polvgram Records Pty. Ltd. and Ors. v. Monash Records (Australia) Pty. Ltd. and Anorc.

Qld. G127 of 1985

SPENDER J. BRISBANE 17 December 1985

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G127 of 1985 GENERAL DIVISION

BETWEEN :

POLYGRAM RECORDS PTY. LTD.

First Applicant AND:

WEA RECORDS PTY. LTD.

Second Applicant AND: RCA LTD. Third Applicant AND:

MONASH RECORDS (AUSTRALIA) PTY. LTD.

First Respondent

AND:

MONASH RECORDS (MELBOURNE) PTY. LTD.

Second Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 17 DECEMBER 1985 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

Upon the Applicants by their Counsel undertaking (except for the purposes of proceedings for perjury or contempt of Court) that they will not profer to the Police for the purpose of any criminal prosecution of the Respondents any document or thing which is the subject of this Order or any information obtained

from the performance of this Order or from any answers by the Respondents given pursuant to the Orders.

AND UPON the Plaintiffs by their Counsel giving the usual undertaking as to damages

The Court orders that:

1. Until 4 o'clock in the afternoon on the twenty third day of December 1985 or earlier order the Respondents, whether by themselves, their servants or agents or otherwise, be restrained from engaging in the following conduct, namely:

(a) Engaging in trade or commerce, in conduct which is misleading or deceptive, or is likely to mislead or deceive, by distributing or selling sound recordings the subject of exclusive licences in Australia in favour of the Applicants as if the same could be lawfully sold or distributed by the Respondents to members of the public to hold and retain such sound recordings against the Applicants.