Rexlynne Nominees Pty Ltd v Last Frontier Picture Co Pty Ltd [1999] FCA 1380

FEDERAL COURT OF AUSTRALIA

Rexlynne Nominees Pty Ltd v Last Frontier Picture Co Pty Ltd [1999] FCA 1380 INTELLECTUAL PROPERTY – copyright – interlocutory injunction – previously unused footage from television series used to produce video – joint owners of copyright – bad language in video – contract between joint owners – whether consent to exploitation unreasonably withheld WORDS AND PHRASES – "larrikin" Trade Practices Act 1974 (Cth) s 52, 53(c) Pacific Dunlop Ltd v Hogan (1999) 23 FCR 553 at 555 mentioned Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 at 610 applied

REXLYNNE NOMINEES PTY LTD & ORS v LAST FRONTIER PICTURE CO PTY LTD & ORS NO. V547 of 1999 HEEREY J 8 OCTOBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V547 of 1999

BETWEEN: REXLYNNE NOMINEES PTY LTD

First Applicant

ROADHOUSE ENTERTAINMENT PTY LTD

Second Applicant

ROADHOUSE PRODUCTIONS PTY LTD

Third Applicant

AND: LAST FRONTIER PICTURE CO PTY LTD

First Respondent

COLLIN ARTHUR CHRISTMAS

Second Respondent

STEPHEN G. EDWARDS PRODUCTIONS PTY LTD

Third Respondent

STEPHEN GARY EDWARDS

Fourth Respondent

JUDGE: HEEREY J

DATE OF ORDER: 8 OCTOBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The first and second respondents, whether by themselves, their directors, officers, servants or agents or otherwise howsoever, be restrained until the hearing and determination of this proceeding or further order from (a) producing; (b) releasing to the public; and/or (c) offering for sale or in any way distributing beyond the parties to the copyright agreement entered into by, inter alia, the first applicant, the first respondent and third respondent dated 21 December 1993 (the copyright agreement) a cinematic film production comprising extracts from the cinematograph film the subject of the copyright agreement. 2. Liberty to apply on 24 hours notice is reserved. 3. The costs of the application for an interlocutory injunction are reserved. 4. The directions hearing is adjourned to 3 November 1999 at 9.30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.