AAA Embroidery & Screen Printing Pty Ltd v Vanny Dan [2010] FCA 656

AAA Embroidery & Screen Printing Pty Ltd v Vanny Dan [2010] FCA 656

The Court was satisfied on evidence that all respondents consented, through signed Short Minutes of Order and representations by the second respondent, to the agreed terms resolving the proceeding, and so made orders accordingly and dismissed the application.

Source-derived case information.

Parties
Applicant: AAA Embroidery & Screen Printing Pty Ltd (ACN 092 619 862); First Respondent: Vanny Dan; Second Respondent: Kerri Sor; Third Respondent: Lisa Hong
Jurisdiction
Australia
Judgment Date
23 June 2010
Procedural Posture
Application and Statement of Claim (federal Court Civil Proceeding) / Final Orders; Proceeding Dismissed After Settlement
Outcome
Proceeding dismissed by consent
Legal Topics
Copyright, Breach of Copyright, Settlement of Proceedings, Orders by Consent
Intellectual Property Copyright Breach of Copyright Settlement of Proceedings Orders by Consent

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Parties

AAA Embroidery & Screen Printing Pty Ltd (ACN 092 619 862)

Applicant

Vanny Dan

First Respondent

Kerri Sor

Second Respondent

Lisa Hong

Third Respondent

Procedural Posture

Application and Statement of Claim (federal Court Civil Proceeding) / Final Orders; Proceeding Dismissed After Settlement

Legal Issues

  1. 1 Whether the respondents breached applicant's copyright in certain artistic works by selling garments to which copies of those works had been applied
  2. 2 Whether the parties have consented to settlement on agreed terms

Ratio Decidendi

The Court was satisfied on evidence that all respondents consented, through signed Short Minutes of Order and representations by the second respondent, to the agreed terms resolving the proceeding, and so made orders accordingly and dismissed the application.

Court Disposition

Proceeding dismissed by consent

Orders

  • Leave granted to applicant to file Notices of Appearance for second and third respondents
  • Leave granted to applicant to file specified affidavits