Bramley, C. & Ors v Big Time Phonograph Record Company (Aust) Pty Ltd [1988] FCA 257

Bramley, C. & Ors v Big Time Phonograph Record Company (Aust) Pty Ltd [1988] FCA 257

The respondent's failure to pay the applicants their accrued royalties by remitting a cheque that was dishonoured constituted a continuing breach of clause 7(a) of the recording agreement. The applicants' notice of 9 April 1987 was effective under clause 7(a); service requirements were substantially met. The respondent did not remedy the breach within the requisite 30 days, entitling the applicants to terminate the agreement by notice on 3 June 1987.

Parties
Applicants: Clyde Bramley and others; Respondent: Big Time Phonograph Record Company (Aust) Pty. Ltd.
Jurisdiction
Australia
Judgment Date
13 May 1988
Procedural Posture
Application / Preliminary Issue, Reasons for Judgment
Outcome
Declaration granted in favour of the applicants; preliminary issue determined that the recording agreement was validly terminated by the applicants on 3 June 1987.
Legal Topics
Termination of Contract, Recording Agreements, Notice of Breach, Remedies for Breach, Service of Notice
Contract Law Entertainment Law Termination of Contract Recording Agreements Notice of Breach Remedies for Breach Service of Notice

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Parties

Clyde Bramley and others

Applicants

Big Time Phonograph Record Company (Aust) Pty. Ltd.

Respondent

Procedural Posture

Application / Preliminary Issue, Reasons for Judgment

Legal Issues

  1. 1 Whether the applicants validly terminated the recording agreement dated 1 December 1982 in accordance with its terms, particularly clause 7(a) regarding accounting and payment of royalties and proper notice of breach.

Ratio Decidendi

The respondent's failure to pay the applicants their accrued royalties by remitting a cheque that was dishonoured constituted a continuing breach of clause 7(a) of the recording agreement. The applicants' notice of 9 April 1987 was effective under clause 7(a); service requirements were substantially met. The respondent did not remedy the breach within the requisite 30 days, entitling the applicants to terminate the agreement by notice on 3 June 1987.

Court Disposition

Declaration granted in favour of the applicants; preliminary issue determined that the recording agreement was validly terminated by the applicants on 3 June 1987.

Orders

  • The agreement in writing dated 1 December 1982 and as varied, made between the applicants and the respondent, was validly determined by the applicants on 3 June 1987.
  • The costs of the hearing of this preliminary issue be reserved.