Biomax Technologies Pte Ltd v Jabiru Agribusiness (Aust) Pty Ltd [2016] FCA 505

Biomax Technologies Pte Ltd v Jabiru Agribusiness (Aust) Pty Ltd [2016] FCA 505

Default judgment was granted against Jabiru Agribusiness and Mr Beazleigh as they failed to comply with discovery orders and did not appear. During the specified period, Jabiru breached clauses of the agency agreement, and Mr Beazleigh was party to or induced those breaches. Mr Beazleigh infringed Biomax's copyright works by authorising their reproduction on the biocomplete.com.au website without Biomax's licence. Damages, including additional damages under s 115(4) of the Copyright Act, and costs on an indemnity basis are to be assessed.

Jurisdiction
Australia
Judgment Date
05 February 2016
Procedural Posture
Commercial Contract and Copyright Dispute / Default Judgment Orders Made Following Respondents' Non Compliance
Outcome
Default judgment for applicant; damages and costs to be assessed; injunctions refused due to no ongoing threat.
Legal Topics
['agency Agreement Breach' 'copyright Infringement' 'default Judgment Procedures']
['commercial Law' 'copyright Law'] ['agency Agreement Breach' 'copyright Infringement' 'default Judgment Procedures']

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Procedural Posture

Commercial Contract and Copyright Dispute / Default Judgment Orders Made Following Respondents' Non Compliance

Legal Issues

  1. 1 ['Did Jabiru Agribusiness and Mr Beazleigh breach the agency agreement with Biomax?' "Did Mr Beazleigh infringe Biomax's copyright by authorising reproduction of its works?" 'Are damages, including additional damages under s 115(4) Copyright Act, to be assessed?' 'Should costs be awarded on an indemnity basis?']

Ratio Decidendi

Default judgment was granted against Jabiru Agribusiness and Mr Beazleigh as they failed to comply with discovery orders and did not appear. During the specified period, Jabiru breached clauses of the agency agreement, and Mr Beazleigh was party to or induced those breaches. Mr Beazleigh infringed Biomax's copyright works by authorising their reproduction on the biocomplete.com.au website without Biomax's licence. Damages, including additional damages under s 115(4) of the Copyright Act, and costs on an indemnity basis are to be assessed.

Court Disposition

Default judgment for applicant; damages and costs to be assessed; injunctions refused due to no ongoing threat.

Orders

  • ['Declaration that first and second respondents breached clauses 7.1, 7.4, 7.5, 10.1, 10.2, 10.3, and 10.4 of the agency agreement between applicant and first respondent.' "Declaration that second respondent was party to or induced first respondent's breaches of the agency agreement." "Declaration that second...