Matrix Film Investment One Pty Limited & Ors v Alameda Films LLC [2010] NSWSC 771

New South Wales Supreme Court

CITATION : Matrix Film Investment One Pty Limited & Ors v Alameda Films LLC [2010] NSWSC 771

HEARING DATE(S) : 5/07/10 - 9/07/10, 12/07/10

JUDGMENT DATE : 13 July 2010

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : Plaintiffs application to add a further particular to their case dismissed.

CATCHWORDS : Practice and Procedure - Late changes in status approach to experts retained - Critical necessity for applications for extensive additional discovery to be made prior to commencement of final hearing - Courts acceptance that as the final hearing approaches all parties will be working apace to prepare their cases

CATEGORY : Procedural and other rulings

Matrix Film Investment One Pty Limited (First Plaintiff) Matrix Film Investment Two Pty Limited (Second Plaintiff) Ewenissa Pty Limited (Third Plaintiff) Jackimort Pty Limited (Fourth Plaintiff) PARTIES : Alameda Films LLC (First Defendant) Warner Bros. Entertainment Inc. (Second Defendant) Warner Bros. Pictures Inc. (Third Defendant)

FILE NUMBER(S) : SC 2006/00268593

COUNSEL : Mr T Bathurst QC, Mr J Stoljar SC, Ms V Whittaker (Plaintiffs) Mr J Gleeson SC, Ms T Wong (Defendants)

SOLICITORS : Mallesons Stephen Jaques (Plaintiffs) Gilbert + Tobin (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

Einstein J

Tuesday 13 July 2010

2006/268593 Matrix Film Investment One Pty Limited & Ors v Alameda Films LLC & Ors JUDGMENT The state of these proceedings 1 These proceedings were fixed to commence for final hearing on 5 July 2010. Counsel opened their respective cases. The plaintiffs' central witnesses have been cross-examined, and the plaintiffs have closed their case. Overview of the nature of the proceedings 2 These proceedings arise out of a distribution agreement between the first plaintiff, Matrix Film Investment One Pty Limited ("Matrix One") and the first defendant, Alameda Films LLC ("Alameda") dated 1 March 1999 ("Distribution Agreement"), by which Matrix One granted a six year licence to Alameda of the rights to distribute the film, The Matrix, in return for payment of a licence fee. 3 Schedule 2 to the Distribution Agreement, and in particular, Exhibit "A" to that Schedule, states a formula by which the licence fee was to be calculated ("Licence Fee Formula"). Clause 10 of Exhibit A required Alameda to issue earnings statements to Matrix One, setting out in summary form the calculations required by the Licence Fee Formula. Warner Bros. Entertainment Inc. ("Warner"), as representative for Alameda, issued those statements to Matrix One during the period August 2001 to August 2005. A set of revised earnings statements were issued by Warner on 9 June 2006.