Donnelly v Hughes [1999] FCA 1775

FEDERAL COURT OF AUSTRALIA

Donnelly v Hughes [1999] FCA 1775 COPYRIGHT – proceedings alleging infringements of copyright – where a number of compact discs containing one or more of four sound recordings, copyright of which was owned by a third party company, was in the possession of a company controlled by the defendant - compact discs held for the purpose of distributing the articles for the purpose of trade - where submission of no case made by defendant at close of prosecution case - whether defendant knew, or ought reasonably to have known, the compact discs to be infringing copies of the sound recordings – where various licence agreements, purporting to authorise reproduction and distribution of the sound recordings, made by third parties in favour of defendant, were seized by Australian Federal Police officers at the time of the seizure of the compact discs alleged to be infringing copies of the sound recordings – failure by prosecution to make out case against defendant. Copyright Act 1968 s 10, s 132, s 133. Crimes Act 1914 s 5 TIMOTHY DONNELLY v HOGHTON HUGHES QG 169 of 1998 SPENDER J 8 DECEMBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 169 OF 1998

BETWEEN: TIMOTHY DONNELLY

Applicant

AND: HOGHTON HUGHES

Respondent

JUDGE: SPENDER J

DATE OF ORDER: 8 DECEMBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The information is dismissed. 2. The informant pay the costs of the defendant of and incidental to the information and summons, including reserved costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 169 OF 1998

BETWEEN: TIMOTHY DONNELLY