Campbell v Zeiher [2009] FCA 423

FEDERAL COURT OF AUSTRALIA

Campbell v Zeiher [2009] FCA 423

Copyright Act 1968 (Cth) Trade Practices Act 1974 (Cth) Federal Court Rules O 5 r 11 Fair Trading Act 1987 (NSW) Australian Broadcasting Commission v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57 Prior v Sheldon (2000) FCA 438; 48 IPR 301 Seven Network (Operations) Ltd v TCN Channel Nine Pty Ltd (2005) 146 FCR 183 GEOFFREY VINCENT CAMPBELL v FELICITY ZEIHER and RUKUS INDUSTRIES PTY LTD

NSD 344 of 2009

BUCHANAN J

28 APRIL 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 344 of 2009

BETWEEN: GEOFFREY VINCENT CAMPBELL

Applicant

AND: FELICITY ZEIHER

First Respondent

RUKUS INDUSTRIES PTY LTD

Second Respondent

JUDGE: BUCHANAN J

DATE OF ORDER: 28 APRIL 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Up to and including 11 May 2009 or further earlier order, the respondents and each of them, whether by themselves, their servants or agents or otherwise, be restrained from doing any of the following acts without the prior written consent of the applicant: (a) publishing the literary work which is in, or is substantially in, the form of a book or book draft, and which is known to the respondents as "The Milperra Massacre – the True Story – through the eyes of Snake" (that literary work is hereafter referred to as the "Book"); (b) publishing a substantial part of, or any adaptation of, the Book; (c) communicating the Book to the public (whether by way of internet transmission or otherwise); (d) communicating a substantial part of, or any adaptation of, the Book, to the public (whether by way of internet transmission or otherwise); (e) publishing a substantial part of, or any adaptation of, the literary work embodied in the exercise books which are referred to in paragraphs 5 and 6 of the affidavit of Geoffrey Vincent Campbell sworn 22 April 2009 and parts of which are exhibited to that affidavit as Exhibit GVC-1 (that literary work is hereafter referred to as the "Underlying Notes"); (f) publishing a substantial part of, or any adaptation of, the Underlying Notes; and (g) communicating a substantial part of, or any adaptation of, the Underlying Notes to the public (whether by way of internet transmission or otherwise). 2. Up to and including 11 May 2009 or further earlier order, the respondents and each of them, whether by their servants, agents or otherwise be restrained from: (a) making, without first obtaining the written approval of the applicant in relation to the contents of the Book (or any part, version or adaptation thereof), any express or implied representations in trade or commerce to the following effect: (i) that the story in the Book (or any part, version, or adaptation thereof) is written from the perspective of the applicant; (ii) that the Book or its contents (or any part, version, or adaptation thereof) is or are the story of the applicant; (iii) that the Book or its contents (or any part, version or adaptation thereof) is or are authorised or endorsed by the applicant. (b) making any representation to the effect that the first respondent is the only author of the Book (or any part, version or adaptation thereof). 3. Pursuant to O 15 r 11 of the Federal Court Rules, on or before 5 May 2009, the respondents produce for inspection at the offices of the applicant's solicitors the book which, as at 22 April 2009, was advertised on the website www.milperramassacre.com.au. 4. Liberty is reserved to the parties to apply on 12 hours notice. 5. In the absence of the first respondent, these orders may be served on the respondents by affixing them to the front door of Unit 1, 6-8 Francis Street, Cambridge Park. 6. Costs are reserved. 7. The proceedings are adjourned to 9.30 am on Monday, 11 May 2009 before Graham J. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA