Hogan, P. & Anor v. Koala Dundee Pty Ltd [1988] FCA 238

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JUDGMINT No. 233.4, BB... IN THE FEDERAL COURT OF AUSTRALIA )

NEW_SOUTH ES DISTRICT REGISTRY ) N.S.W. G749 of 1987 G VISIO. )

BETWEEN: PAUL HOGAN First Applicant

AND: RIMFIRE FILMS LIMITED Second Applicant

AND: KOALA DUNDEE PTY LIMITED

Respondent MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 8 APRIL 1988 WHERE MADE: BRISBANE THE COURT ORDERS THAT:

i. the application for trial by jury be dismissed;

2. the costs of and incidental to the notice of motion

filed on 29 March 1988 be taxed and paid by the respondent to the applicants, such taxation not to

take place until a general order for costs 1s made in this suit or further earlier order.

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

IN COURT OF AUSTRALIA ) Ss Tr CT REGIS ) N.S.W. G749 of 1987

GENERAL DIVISION )

BETWEEN: PAUL HOGAN First Applicant AND: RIMFIRE FILMS LIMITED

Second Applicant AND: KOALA DUNDEE PTY LIMITED

Respondent

PINCUS J. 8 APRIL 1988

EX TEMPORE REASONS FOR JUDGMENT

In this matter the respondent in the principal

proceedings seeks an order, under s.40 of the Federal Court of

Australia Act 1976, directing the trial of the issues 1n the suit by jury. The applicant in the principal proceedings is the leading character in the film "Crocodile Dundee" and he and the second applicant, the producer of the film, complain that the respondent is exploiting commercial advantages, which are said properly to belong to the applicants associated with that film, in a way which breaches the Trade Practices Act 1974. The details do not matter, for present purposes, but the material before the Court suggests the complaint is principally of use of the expression "Dundee Country" in the context redolent of the film

and accompanied by an image of a koala dressed in a way which also

reminds one of the dress of the applicant in the film.