COPYRIGHT TRIBUNAL OF AUSTRALIA

Copyright Agency Limited v State of New South Wales (No 3) [2014] ACopyT 1

Citation:

Copyright Agency Limited v State of New South Wales (No 3) [2014] ACopyT 1

Parties:

COPYRIGHT AGENCY LIMITED v STATE OF NEW SOUTH WALES

File number:

CT 2 of 2003

Tribunal:

PERRAM J (DEPUTY PRESIDENT)

Date of judgment:

3 June 2014

Date of hearing:

The application was heard on the papers

Date of last submissions:

16 May 2014

Place:

Sydney

Category:

No catchwords

Number of paragraphs:

2

Counsel for the Applicant:

Mr DK Catterns QC and Mr MR Ellicott

Solicitor for the Applicant:

Banki Haddock Fiora

Counsel for the Respondent:

Ms J Baird SC and Mr D Tynan

Solicitor for the Respondent:

IV Knight, Crown Solicitor for New South Wales

COMMONWEALTH OF AUSTRALIA

Copyright Act 1968

IN THE COPYRIGHT TRIBUNAL of australia

CT 2 of 2003

BETWEEN:

COPYRIGHT AGENCY LIMITED

Applicant

AND:

STATE OF NEW SOUTH WALES

Respondent

Tribunal:

PERRAM J (DEPUTY PRESIDENT)

DATE OF ORDER:

4 June 2014

WHERE MADE:

SYDNEY

THE TRIBUNAL ORDERS THAT:

1.    Each party’s application for further orders is dismissed.

COMMONWEALTH OF AUSTRALIA

Copyright Act 1968

IN THE COPYRIGHT TRIBUNAL OF AUSTRALIA

CT 2 of 2003

BETWEEN:

COPYRIGHT AGENCY LIMITED

Applicant

AND:

STATE OF NEW SOUTH WALES

Respondent

tribunal:

PERRAM J (DEPUTY PRESIDENT)

DATE:

4 JUNE 2014

PLACE:

SYDNEY

REASONS FOR DETERMINATION

1    All I will do this morning is say that I decline to make the orders sought by either party. I do so because, in relation to the State’s proposed orders, in light of the Tribunal’s finding of fact that agreement had been reached with regard to payment for retrospective use, it lacks jurisdiction, as it earlier pointed out, to determine the terms. If the State wishes to reopen the hearing to set aside that factual finding, it will need to take that course.

2    I decline to make CAL’s orders enforcing the disputed agreement because they involve the exercise of judicial power which the Tribunal lacks. If the parties wish to commence a proceeding in the Federal Court seeking declaratory relief or specific performance of the now disputed agreement, they can take that course and I will arrange for that matter to be docketed to me.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Perram (Deputy President).

Associate:

Dated:    5 June 2014