Phonographic Performance Company of Australia Limited under section 154(1) of the Copyright Act 1968 (Cth) [2009] ACopyT 1

COPYRIGHT TRIBUNAL OF AUSTRALIA

Phonographic Performance Company of Australia Limited under section 154(1) of the Copyright Act 1968 (Cth) [2009] ACopyT 1 Copyright Act 1968 (Cth) ss 154, 163, 164, 166, 167 Copyright Tribunal (Procedure) Regulations 1969 (Cth) rr 47, 48 Bank of New South Wales v Withers (1981) 35 ALR 21 Re John Dee (Export) Pty Limited (1990) ATPR 41-006 Charlick Trading Pty Ltd v Australian National Railways Commission & Anor (1997) 149 ALR 647 Fuelxpress Ltd v LM Ericsson Pty Ltd (1987) 75 ALR 284 Re Application by Seven Dimensions Pty Ltd (1996) 35 IPR 1 REFERENCE BY: PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LIMITED (ACN 000 680 704) UNDER SECTION 154(1) OF THE COPYRIGHT ACT 1968 (CTH)

CT 2 of 2007

EMMETT J (PRESIDENT)

29 OCTOBER 2009

SYDNEY COMMONWEALTH OF AUSTRALIA Copyright Act 1968 in the copyright tribunal ct 2 OF 2007

reference by: PHONOGRAPHIC PERFORMANCE COMPANY OF AUSTRALIA LIMITED (ACN 000 680 704) UNDER SECTION 154(1) OF THE COPYRIGHT ACT 1968 (CTH)

president: EMMETT J (PRESIDENT)

DATE OF ORDER: 29 OCTOBER 2009

WHERE MADE: SYDNEY

THE TRIBUNAL ORDERS THAT:

1. The Applicant pay to Fremantlemedia Australia Pty Ltd and Fremantlemedia Australia Holdings Pty Ltd (together, the Addressees) issued by the Tribunal on 18 November 2008 at the request of the Applicant (Summonses) their reasonable costs reasonably incurred (which may be more than party/party costs but less than solicitor/client costs) in complying with the Summonses, including (without limitation) costs in relation to the following categories of work:

(a) narrowing the categories of documents required by the Summonses; (b) obtaining advice regarding the Addressees' obligations under the Summonses; (c) reviewing documents potentially captured by the Summonses for relevance, privilege and confidentiality; (d) preparing documents for production (including masking privileged documents and marking confidential documents). 2. Failing agreement between the Applicant and any Addressee regarding the amount of costs payable pursuant to order 1 above, the Registrar of the Tribunal or a person specified by the Registrar may settle the amount of the costs to be so paid. In settling the amount of the costs, the Registrar or the person shall allow so much only of the amount as in their opinion is recoverable pursuant to order 1 above.