United Broadcasting International Pty Limited v Turkplus Pty Limited (No 2) [2010] FCA 1413

United Broadcasting International Pty Limited v Turkplus Pty Limited (No 2) [2010] FCA 1413

Default judgment was warranted against the third respondent due to procedural default in compliance with discovery orders and failure to attend directions. An injunction was appropriate to restrain further copyright infringement, but declaratory relief and fiduciary duty declarations lacked utility. Costs should be ordered as a gross sum, subject to leave for the respondent to challenge.

Jurisdiction
Australia
Judgment Date
16 December 2010
Procedural Posture
Civil / Default Judgment Application
Outcome
Default judgment granted in part; permanent injunction granted; declaration refused; costs awarded as gross sum with leave to challenge; leave to discontinue between applicants and first respondent; bank guarantee to be released.
Legal Topics
['copyright Infringement' 'fiduciary Duty' 'default Judgment' 'declaratory Relief' 'costs']
['intellectual Property' 'equity' 'practice and Procedure'] ['copyright Infringement' 'fiduciary Duty' 'default Judgment' 'declaratory Relief' 'costs']

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Procedural Posture

Civil / Default Judgment Application

Legal Issues

  1. 1 ['Whether default judgment should be granted against the third respondent.' 'Whether appropriate to grant declaratory relief for copyright infringement and breach of fiduciary duty.' 'Whether appropriate to grant an injunction restraining copyright infringement.' 'Appropriateness of awarding costs as a gross sum.']

Ratio Decidendi

Default judgment was warranted against the third respondent due to procedural default in compliance with discovery orders and failure to attend directions. An injunction was appropriate to restrain further copyright infringement, but declaratory relief and fiduciary duty declarations lacked utility. Costs should be ordered as a gross sum, subject to leave for the respondent to challenge.

Court Disposition

Default judgment granted in part; permanent injunction granted; declaration refused; costs awarded as gross sum with leave to challenge; leave to discontinue between applicants and first respondent; bank guarantee to be released.

Orders

  • ['Applicants to bring in draft orders giving effect to reasons.' "Permanent injunction restraining third respondent from infringing second applicant's copyright in the ATV Channel." 'Leave to applicants and first respondent to discontinue proceedings between themselves with no order as to costs.' 'Bank guarantee...