Bingle v Emap Australia Pty Ltd (No. 1) [2006] FCA 1704

FEDERAL COURT OF AUSTRALIA

Bingle v Emap Australia Pty Ltd (No. 1) [2006] FCA 1704 LARA BINGLE v EMAP AUSTRALIA PTY LIMITED NSD 886 OF 2006

EDMONDS J

8 DECEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 886 OF 2006

BETWEEN: LARA BINGLE

Applicant

AND: EMAP AUSTRALIA PTY LIMITED

Respondent

JUDGE: EDMONDS J DATE OF ORDER: 8 DECEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The respondent's motion, notice of which was filed on 22 June 2006, be dismissed. 2. The applicant have leave to file an amended statement of claim giving effect to these reasons on or before 15 December 2006. 3. Costs of the motion be costs in the cause. 4. The proceedings be adjourned to 9:30 am on Tuesday, 12 December 2006 for future directions. 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 NSD 886 OF 2006

BETWEEN: LARA BINGLE

Applicant

AND: EMAP AUSTRALIA PTY LIMITED

Respondent

JUDGE: EDMONDS J

DATE: 8 DECEMBER 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT (NO. 1)

Introduction 1 On 9 May 2006 the applicant filed an application in this Court seeking relief under ss 80, 82 and 87 of the Trade Practices Act 1974 (Cth), ss 115 and 116 of the Copyright Act 1968 (Cth), damages under the Defamation Act 2005 (NSW) and for an injunction and damages or an account of profits for passing off. The relief sought is in connection with claims made by the applicant that the respondent published or caused to be published certain publications featuring photographs of the applicant and certain other publications advertising or otherwise promoting the first-mentioned publications (all of which publications are referred to in the applicant's statement of claim as 'the Materials') which involved contraventions of the Trade Practices Act, copyright infringement, the tort of passing off and which were defamatory of the applicant.