Vietnam International Video D & D Inc & Anor v Huynh, Tho Vinh t/as Thang Loi Video Co & Ors [1997] FCA 1305

Vietnam International Video D & D Inc & Anor v Huynh, Tho Vinh t/as Thang Loi Video Co & Ors [1997] FCA 1305

The respondents were to pay the applicants' costs because the applicants succeeded, the respondents had a significant number of tapes containing the applicants' soundtrack, the Anton Piller orders provided for retention by the applicants' solicitors, the respondents did not object to the orders or apply for return of or greater access to the tapes, and no sound reason was shown to displace the ordinary rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
27 November 1997
Procedural Posture
Copyright Infringement Proceeding; Costs Application / Hearing of Costs After Respondents Consented to Injunctions Sought by Applicants
Outcome
Respondents to pay the applicants' costs in the proceeding.
Legal Topics
['vietnamese Soundtrack Copyright' 'anton Piller Order' 'seizure of Video Tapes' 'costs Following Event' 'access to Seized Material']
['copyright' 'civil Procedure' 'costs'] ['vietnamese Soundtrack Copyright' 'anton Piller Order' 'seizure of Video Tapes' 'costs Following Event' 'access to Seized Material']

Case Brief

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Procedural Posture

Copyright Infringement Proceeding; Costs Application / Hearing of Costs After Respondents Consented to Injunctions Sought by Applicants

Legal Issues

  1. 1 ['Whether the applicants acted properly in obtaining and executing the Anton Piller order.' "Whether the applicants improperly retained or restricted respondents' access to the seized tapes." 'Whether the existence of two Vietnamese-language versions of the film justified departing from the ordinary costs order in favour of the successful applicants.' "Whether the respondents should pay the applicants' costs of the proceeding."]

Ratio Decidendi

The respondents were to pay the applicants' costs because the applicants succeeded, the respondents had a significant number of tapes containing the applicants' soundtrack, the Anton Piller orders provided for retention by the applicants' solicitors, the respondents did not object to the orders or apply for return of or greater access to the tapes, and no sound reason was shown to displace the ordinary rule that costs follow the event.

Court Disposition

Respondents to pay the applicants' costs in the proceeding.

Orders

  • ["The respondents should pay the applicants' costs in this proceeding." 'The applicants should bring in Short Minutes setting out the precise form of relief sought within seven days from the date of judgment.']