Granger v Murdoch Books Pty Ltd [2012] FCA 909

FEDERAL COURT OF AUSTRALIA

Granger v Murdoch Books Pty Ltd [2012] FCA 909 Citation: Granger v Murdoch Books Pty Ltd [2012] FCA 909

Parties: WILLIAM RONALD GRANGER, BILLS LICENSING PTY LTD (ACN 115 442 656) and BILLS RESTAURANTS PTY LTD (ACN 002 116 298) v MURDOCH BOOKS PTY LTD (ACN 087 351 273)

File number: NSD 752 of 2012

Judge: KATZMANN J

Date of judgment: 24 August 2012

Legislation: Federal Court Rules 2011 rr 25.01, 25.04, 25.08, 25.10

Date of hearing: 22 August 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 14

Counsel for the Applicants: Mr J Knackstredt

Solicitor for the Applicants: M+K Lawyers

Counsel for the Respondent: Mr G Ng

Solicitor for the Respondent: Simpsons Solicitors

IN THE FEDERAL COURT OF AUSTRALIA NSW DISTRICT REGISTRY GENERAL DIVISION NSD 752 of 2012

BETWEEN: WILLIAM RONALD GRANGER

First Applicant

BILLS LICENSING PTY LTD (ACN 115 442 656)

Second Applicant

BILLS RESTAURANTS PTY LTD (ACN 002 116 298)

Third Applicant

AND: MURDOCH BOOKS PTY LTD (ACN 087 351 273)

Respondent

JUDGE: KATZMANN J DATE OF ORDER: 24 AUGUST 2012 WHERE MADE: SYDNEY

THE COURT NOTES:

1. The agreement between the parties that the respondent pay to the applicants: (a) a sum in relation to the exploitation by the respondent of the compilation cookbooks entitled 'Best of Bill' and 'Bill Cooks for Kids', both in paper and electronic form (together, the Compilation Cookbooks), which is to be paid to the applicants by 4 September 2012 and otherwise in accordance with the payment terms contained in clause 14(a) of the agreement between the first and second applicants and the respondent dated 14 December 2005, and calculated in the following manner: (i) 18.5% of all sums received by the respondent (excluding any GST) up to and including 3 September 2012 in relation to its exploitation of the Compilation Cookbooks in paper form; and (ii) 25% of all sums received by the respondent (excluding any GST) up to and including 3 September 2012 in relation to its exploitation of the Compilation Cookbooks in electronic form; less the sum of $60,363.24 (which has already been paid to the Applicants by the Respondent); and (b) such further sums on an ongoing basis in relation to the exploitation by the Respondent of the Compilation Cookbooks, which sums are to be paid to the Applicants and otherwise in accordance with the payment terms contained in clause 14(a) of the agreement between the First and Second Applicants and the Respondent dated 14 December 2005, and calculated in the following manner: (i) 18.5% of all sums received by the Respondent (excluding any GST) on and from 4 September 2012 in relation to its exploitation of the Compilation Cookbooks in paper form; and (ii) 25% of all sums received by the Respondent (excluding any GST) on and from 4 September 2012 in relation to its exploitation of the Compilation Cookbooks in electronic form. THE COURT ORDERS: 2. Subject to the entitlement of the applicants to apply to the Court for an order pursuant to r 25.10 of the Federal Court Rules 2011 in the event of non-compliance with the terms of the above agreement, the proceedings be otherwise dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.