EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Ltd [2011] FCAFC 92

EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Ltd [2011] FCAFC 92

Larrikin succeeded on the authorisation issue, an important part of the cross-appeal, warranting costs compensation. Accordingly, EMI parties are ordered to pay 50% of Larrikin's costs, reflecting the relative success and failure on principal issues.

Jurisdiction
Australia
Judgment Date
26 July 2011
Procedural Posture
Appeal / Costs Determination After Cross Appeal
Outcome
EMI parties to pay 50% of the cross-appellant's (Larrikin) costs of the cross-appeal.
Legal Topics
['costs' 'copyright' 'appeal' 'authorisation']
['intellectual Property' 'civil Procedure'] ['costs' 'copyright' 'appeal' 'authorisation']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Cross Appeal

Legal Issues

  1. 1 ['Appropriate costs order following partial success in cross-appeal' 'Division of costs where cross-appellant succeeded on one of two principal issues' 'Role of authorisation in copyright infringement claims']

Ratio Decidendi

Larrikin succeeded on the authorisation issue, an important part of the cross-appeal, warranting costs compensation. Accordingly, EMI parties are ordered to pay 50% of Larrikin's costs, reflecting the relative success and failure on principal issues.

Court Disposition

EMI parties to pay 50% of the cross-appellant's (Larrikin) costs of the cross-appeal.

Orders

  • ["The cross-respondents pay 50% of the cross-appellant's costs of the cross-appeal, as agreed or taxed."]