Wills v Morris [2008] FCA 784

Wills v Morris [2008] FCA 784

The proceedings against the Australian Broadcasting Corporation were dismissed because, despite many opportunities and the Court giving the self-represented applicant considerable leeway, the applicant was unable to articulate in any comprehensible manner, as a matter of fact and law, any cause of action against the Australian Broadcasting Corporation on the material before the Court.

Jurisdiction
Australia
Judgment Date
14 May 2008
Procedural Posture
Application Alleging Breach of Copyright and Related Claims Concerning Cinematographic Material / Notice of Motion by the Australian Broadcasting Corporation for Summary Dismissal Under S 31 a
Outcome
Proceedings against the Australian Broadcasting Corporation dismissed with costs.
Legal Topics
['summary Dismissal' 'cause of Action' 'cinematographic Material' 'copyright Authorship Claims']
['copyright' 'intellectual Property' 'federal Court Procedure'] ['summary Dismissal' 'cause of Action' 'cinematographic Material' 'copyright Authorship Claims']

Case Brief

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Procedural Posture

Application Alleging Breach of Copyright and Related Claims Concerning Cinematographic Material / Notice of Motion by the Australian Broadcasting Corporation for Summary Dismissal Under S 31 a

Legal Issues

  1. 1 ['Whether the applicant disclosed any comprehensible cause of action against the Australian Broadcasting Corporation.' 'Whether the proceedings against the Australian Broadcasting Corporation should be summarily dismissed under s 31A.']

Ratio Decidendi

The proceedings against the Australian Broadcasting Corporation were dismissed because, despite many opportunities and the Court giving the self-represented applicant considerable leeway, the applicant was unable to articulate in any comprehensible manner, as a matter of fact and law, any cause of action against the Australian Broadcasting Corporation on the material before the Court.

Court Disposition

Proceedings against the Australian Broadcasting Corporation dismissed with costs.

Orders

  • ['The proceedings against the Australian Broadcasting Corporation be dismissed.' "The applicant pay the Australian Broadcasting Corporation's costs of and incidental to the notice of motion dated 4 March 2008 and the cost of the proceedings including any reserve costs."]