Federal Court of Australia
COPYRIGHT TRIBUNAL OF AUSTRALIA
Pocketful of Tunes Pty Ltd v The Commonwealth of Australia (No 2) [2015] ACopyT 2 Citation: Pocketful of Tunes Pty Ltd v The Commonwealth of Australia (No 2) [2015] ACopyT 2
Parties: POCKETFUL OF TUNES PTY LTD (ACN 005 750 185) and BRUCE WILLIAM WOODLEY v THE COMMONWEALTH OF AUSTRALIA
File number(s): CT 2 of 2013
Judge(s): BENNETT J (PRESIDENT)
Date of judgment: 22 May 2015
Catchwords: COSTS– Calderbank offer prior to hearing – whether including the value of a claim from a Federal Court proceeding in an offer is sufficiently certain to constitute a Calderbank offer – offer included deferred payment – whether it is reasonable to reject an offer if there is a concern that deferred payments would not be able to be enforced – whether it is reasonable to reject an offer for reasons that included belief in a better outcome and lack of explanation of basis of the offer
Legislation: Copyright Act 1968 (Cth) ss 165, 174(1) Federal Court of Australia Act 1976 (Cth) s 37AF Federal Court Rules 2011 (Cth) r 25.01
Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd (2003) 201 ALR 55 Jones v Bradley (No 2) [2003] NSWCA 258 L Shaddock and Associates v City of Parramatta (1983) 151 CLR 590 MT Associates Pty Ltd v Aqua-Max Pty Ltd (No 3) [2000] VSC 163 Re Application by Seven Dimensions (1996) 35 IPR 1 Smallacombe v Lockeyer Investment Co Pty Ltd (1993) 42 FCR 97
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