Rexlynne Nominees Pty Ltd v Last Frontier Picture Co Pty Ltd [1999] FCA 1380

Rexlynne Nominees Pty Ltd v Last Frontier Picture Co Pty Ltd [1999] FCA 1380

The applicants established a serious issue to be tried as to whether Rexlynne reasonably withheld consent to publication of the video, because the proposed exploitation could arguably damage Mr Hunt's public persona and the commercial value of the copyright material. The balance of convenience favoured an injunction because publication before trial risked significant adverse effects that would be difficult to quantify, whereas the respondents would suffer only postponement of exploitation of the video.

Jurisdiction
Australia
Judgment Date
08 October 1999
Procedural Posture
Intellectual Property; Copyright; Interlocutory Injunction / Application for Interlocutory Injunction Pending Trial
Outcome
Interlocutory injunction granted against the first and second respondents; costs reserved.
Legal Topics
['interlocutory Injunction' 'joint Owners of Copyright' 'consent to Exploitation of Copyright Material' 'whether Consent Unreasonably Withheld' 'misleading or Deceptive Conduct' 'bad Language in Video Out Takes']
['intellectual Property' 'copyright' 'contract' 'trade Practices'] ['interlocutory Injunction' 'joint Owners of Copyright' 'consent to Exploitation of Copyright Material' 'whether Consent Unreasonably Withheld' 'misleading or Deceptive Conduct' 'bad Language in Video Out Takes']

Case Brief

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Procedural Posture

Intellectual Property; Copyright; Interlocutory Injunction / Application for Interlocutory Injunction Pending Trial

Legal Issues

  1. 1 ['Whether the applicants had shown a serious case to be tried.' 'Whether Rexlynne Nominees Pty Ltd unreasonably withheld consent to the exploitation of wild footage under clause 2.1(c) of the 1993 agreement.' 'Whether publication of the video would breach the 1993 agreement, infringe copyright, or contravene s 52 or s 53(c) of the Trade Practices Act 1974 (Cth).' 'Whether the balance of convenience favoured granting an interlocutory injunction.']

Ratio Decidendi

The applicants established a serious issue to be tried as to whether Rexlynne reasonably withheld consent to publication of the video, because the proposed exploitation could arguably damage Mr Hunt's public persona and the commercial value of the copyright material. The balance of convenience favoured an injunction because publication before trial risked significant adverse effects that would be difficult to quantify, whereas the respondents would suffer only postponement of exploitation of the video.

Court Disposition

Interlocutory injunction granted against the first and second respondents; costs reserved.

Orders

  • ['The first and second respondents, whether by themselves, their directors, officers, servants or agents or otherwise howsoever, be restrained until the hearing and determination of this proceeding or further order from producing, releasing to the public, and/or offering for sale or in any way distributing beyond...