Bramley, C. & Ors v Big Time Phonograph Record Company (Aust) Pty Ltd [1988] FCA 257

JUC

Avent pty 257 #RB= LIMITED DISTRIBUTION

Neave ENT ee Se neteney «

FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY GENERAL DIVISION

V. No. G.78 of 1988

BETWEEN :

CLYDE BRAMLEY AND OTHERS

Applicants

and

BIG TIME PHONOGRAPH RECORD COMPANY (AUST) PTY. LTD.

Respondent

COURT: NORTHROP J.

DATE : 13 MAY 1988 PLACE: PERTH RECEIVED MINUTE OF' ORDER TEI 73 \ RERERAL COURT OF \ AUSTRALA THE COURT ORDERS AND DECLARES THAT- NL We wad 1. The agreement in writing dated 1 December 1982 and,

as varied, made between the applicants and the respondent by which the applicants agreed to record for the respondent a certain number of master recordings embodying their musical performances for the royalty upon the terms and conditions therein set out was validly determined by the applicants on

3 June 1987.

2. The costs of the hearing of this preliminary issue be reserved.

3. The application be listed for directions on 6 June 1988 at 9.45 a.m.

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

LIMITED DISTRIBUTION

FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) V. No. G.78 of 1988 ) GENERAL DIVISION )

BETWEEN : CLYDE BRAMLEY AND OTHERS Applicants

and

BIG TIME PHONOGRAPH RECORD COMPANY (AUST) PTY. LTD.

Respondent

COURT: NORTHROP J. DATE : 13 MAY 1988 PLACE: PERTH

REASONS FOR JUDGMENT

The applicants are professional musicians and recording artists carrying on their business as a group under the name Hoodoo Gurus. The respondent is a corporation under the Trade Practices Act 1974 and carries on the business of producing phonographic records. By an agreement in writing dated 1 December 1982 and as varied by subsequent agreements, ("the recording agreement"), the applicants agreed to record for the respondent a certain number of master recordings

embodying their musical performances for the royalty and upon