Australasian Performing Right Association Limited v Metro on George Pty Limited [2004] FCA 1371

FEDERAL COURT OF AUSTRALIA

Australasian Performing Right Association Limited v Metro on George Pty Limited [2004] FCA 1371 COSTS – "one-third off" rule – where the court has found breach of copyright - whether proceedings could more suitably have been brought in another court – where a small amount of damages is claimed – where an injunction is also sought Federal Court RulesO 62 r 36A(1) and O 62 r 36A(2) Australian Performing Right Association Ltd v Pashalidis [2000] FCA 1815 Fasold v Roberts (unreported, Sackville J, 11 September 1997) LED Builders Pty Ltd v Hope (1994) 53 FCR 10 Magenta Nominees Pty Ltd v Richard Ellis (Western Australia) Pty Ltd [1994] FCA 302 McCormick v Riverwood International (Australia) Pty Ltd [2000] FCA 32 Reidy's Lures Pty Ltd v Basser Millyard Pty Ltd [2003] FCA 1242 Tenji v Henneberry & Associates Pty Ltd [1999] FCA 1259 Universal Music Australia Pty Ltd v Miyamoto [2004] FCA 982 AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED (ACN 000 016 999) v METRO ON GEORGE PTY LIMITED (ACN 064 086 693), PETER WARREN HEARNE and WARWICK WILLIAM DOUGHTY NSD1278 OF 2002 BENNETT J 26 OCTOBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1278 OF 2002

BETWEEN: AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED

(ACN 000 016 999)

APPLICANT

AND: METRO ON GEORGE PTY LIMITED

(ACN 064 086 693)

FIRST RESPONDENT

PETER WARREN HEARNE

SECOND RESPONDENT

WARWICK WILLIAM DOUGHTY

THIRD RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 26 OCTOBER 2004

WHERE MADE: SYDNEY

THE COURT:

1. Declares that the First Respondent by: (a) authorising; and (b) permitting a place of public entertainment to be used for, performances in public of the musical and literary works set out in Schedule A ('Works') at "Metro on George" at 624 George Street, Sydney, New South Wales on the respective dates specified in Schedule A ('Dates'), without a licence from the Applicant, has infringed the Applicant's copyright in the Works. 2. Declares that the Third Respondent by authorising performances in public of the Works on the Dates, without a licence from the Applicant, has infringed the Applicant's copyright in the Works. 3. Orders that the First and Third Respondents pay damages in the amount of $2,047.41. 4. Orders that the First and Third Respondents pay the Applicant's costs of the proceedings as agreed or as taxed. 5. Orders that costs not be reduced pursuant to Order 62 rule 36A of the Federal Court Rules. 6. Orders that the proceedings be dismissed as against the Second Respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.