Matthews, Grant v ACP Publishing Pty Ltd [1998] FCA 1122

FEDERAL COURT OF AUSTRALIA COPYRIGHT – photograph taken pursuant to agreement that it would be used for specific purpose – use of photograph outside agreed purpose – whether applicant entitled to any relief beyond restraining use of photograph – whether applicant entitled to damages for breach of statutory right of restraint – whether applicant entitled to damages in addition to an injunction (or its equivalent in the form of an undertaking to the Court).

Copyright Act 1968 - s 35(5) Federal Court of Australia Act 1976 - ss 5 (2), 22 and 23 Supreme Court Act 1970 (NSW) Judiciary Act 1903 – s 79 Carr v McDonald's Australia Ltd (1994) 63 FCR 358, cons. Huddart Parker Ltd v The Ship Mill Hill (1950) 81 CLR 502, cons. Colbeam Palmer Ltd and anor v Stock Affiliates Pty Ltd [1968] 122 CLR 25, cons. Wentworth v Woolahra Council [1982] 149 CLR 672, cited GRANT MATTHEWS v ACP PUBLISHING PTY LIMITED NG 730 of 1997 BEAUMONT J 10 SEPTEMBER 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 730 of 1997

BETWEEN: GRANT MATTHEWS

Applicant

AND: ACP PUBLISHING PTY LIMITED

Respondent

JUDGE: BEAUMONT J

DATE OF ORDER: 10 SEPTEMBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Note that the respondent gives an undertaking to the Court in the terms of para. 3 of the applicant's application dated 9 September 1997. 2. That the respondent pay the applicant the sum of $1,650.00. 3. Costs reserved. Liberty to file written submissions on costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY ng 730 of 1997

BETWEEN: GRANT MATTHEWS

Applicant

AND: ACP PUBLISHING PTY LIMITED

Respondent