Wilson v Australian Copyright Council [2001] FCA 394

FEDERAL COURT OF AUSTRALIA

Wilson v Australian Copyright Council [2001] FCA 394 PAUL WILSON v AUSTRALIAN COPYRIGHT COUNCIL

N 1146 OF 2000 EMMETT J 23 MARCH 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1146 OF 2000

BETWEEN: PAUL WILSON

APPLICANT

AND: AUSTRALIAN COPYRIGHT COUNCIL

RESPONDENT

JUDGE: EMMETT

DATE OF ORDER: 23 MARCH 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed with 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 N1146 OF 2000

BETWEEN: PAUL WILSON

APPLICANT

AND: AUSTRALIAN COPYRIGHT COUNCIL

RESPONDENT

JUDGE: EMMETT

DATE: 23 MARCH 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant, Mr Paul Wilson, is the owner of copyright in a work that exists in hand writing form comprising 24 pages ("the Work"). The original manuscript of the Work is in evidence before me. Mr Wilson claims in the proceeding that his copyright in the Work has been infringed by the respondent, the Australian Copyright Council ("the Council"). Mr Wilson commenced the proceeding by filing an application and statement of claim. Shortly after Mr Wilson commenced the proceeding, the Council moved the Court for summary dismissal of the proceeding on the basis that the statement of claim that was then filed was embarrassing and disclosed no good cause of action. 2 On 15 December 2000 I ordered that the statement of claim be struck out but gave leave to Mr Wilson to file and serve an amended application and an amended statement of claim no later than 2 February 2001. The Council's motion for summary dismissal of the proceedings was stood over part heard. The Council was also directed to file and serve any affidavit intended to be relied on in support of its motion by 16 February 2001. On 20 January 2001, Mr Wilson filed an amended application and an amended statement of claim. On 16 February 2001, an affidavit of Carmel Pam Whiting was filed on behalf of the Council. 3 When the matter came back before me for directions on 15 December 2000, I indicated to the parties that I did not regard the amended statement of claim as satisfactory. However, I indicated to the parties that I would be prepared to give the matter an early final hearing, rather than incurring further costs and delay by giving Mr Wilson the opportunity of a further attempt at re-pleading. Mr Wilson appears in person and, as I understand the position, has not had the advantage of any legal advice in connection with the proceeding. While I considered both the original statement of claim and the amended statement of claim to be embarrassing, it did appear to me that there could be the germ of a cause of action in the allegations made by Mr Wilson. 4 In essence, Mr Wilson alleges that on 30 August 2000 the Council, through its employees or officers, made unauthorised photocopies of the Work. In his amended application, he seeks various orders, the language of which is sometimes difficult to comprehend. Order 1 in the amended application is as follows: "1. An order that the respondent whether by itself, its servants, agents or otherwise howsoever: