Cowan, B S & Anor v Avel Pty Ltd [1995] FCA 546

C A T C H W O R D S COPYRIGHT - Threats of infringement proceedings - Action by person aggrieved by threats - Recipients of threats were consignees of imported used pinball machines - Proceeding brought by importer of machines who retook possession of machines after threats and sold them at a loss - Importer forewent subsequent importations because of threats and subsequent legal proceedings between present respondent and another importer - Threats related to four specific models - Whether damage sustained extended to loss of sales of all machines made by the same manufacturer - Effect of taxability of profits - Quantification of losses on foregone importations - Selection of pre-judgment interest rate. Copyright Act 1968, ss202. BRIAN STEWART COWAN and INTERCONTINENTAL GRAIN EXPORTS PTY LIMITED - ACN 002 962 227 v AVEL PTY LIMITED - ACN 009 041 016 NO. NG208 OF 1991 CORAM: WILCOX J PLACE: SYDNEY DATE: 27 JULY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) No. NG 208 of 1991 NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION )

BETWEEN: BRIAN STEWART COWAN First Applicant and INTERCONTINENTAL GRAIN EXPORTS PTY LTD - ACN 002 962 227 Second Applicant

AND: AVEL PTY LIMITED - ACN 009 041 016 Respondent CORAM: WILCOX J PLACE: SYDNEY DATE: 27 JULY 1995

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. Judgment be entered in favour of the second applicant, Intercontinental Grain Exports Pty Limited, against the respondent, Avel Pty Limited, in the sum of three hundred and thirty five thousand and thirty three dollars ($335,033). 2. The said respondent pay the costs incurred by the second applicant in relation to the proceeding. 3. Insofar as it relates to the first applicant, Brian Stewart Cowan, the proceeding be dismissed.