Hinchliff, Christopher Harry v Abu-Dabat, Jehad [1998] FCA 895

Hinchliff, Christopher Harry v Abu-Dabat, Jehad [1998] FCA 895

There is a serious question to be tried as to copyright infringement. The balance of convenience favours the grant of interim injunctive relief, as damages may not be an adequate remedy if relief is refused. The applicant is required to give an undertaking as to damages and notice of the orders must be given forthwith to the respondent’s solicitors and business partner.

Parties
Applicant: Christopher Harry Hinchliff; Respondent: Jehad Abu-Dabat
Jurisdiction
Australia
Judgment Date
24 July 1998
Procedural Posture
Application for Interlocutory Injunction and Ancillary Orders / Interlocutory
Outcome
Interlocutory injunction and ancillary orders granted
Legal Topics
Copyright Infringement, Interlocutory Injunctions, Delivery Up of Infringing Materials
Intellectual Property Copyright Infringement Interlocutory Injunctions Delivery Up of Infringing Materials

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Parties

Christopher Harry Hinchliff

Applicant

Jehad Abu-Dabat

Respondent

Procedural Posture

Application for Interlocutory Injunction and Ancillary Orders / Interlocutory

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to restrain copyright infringement
  2. 2 Whether orders for delivery up and disclosure regarding infringing materials should be made

Ratio Decidendi

There is a serious question to be tried as to copyright infringement. The balance of convenience favours the grant of interim injunctive relief, as damages may not be an adequate remedy if relief is refused. The applicant is required to give an undertaking as to damages and notice of the orders must be given forthwith to the respondent’s solicitors and business partner.

Court Disposition

Interlocutory injunction and ancillary orders granted

Orders

  • Respondent restrained until 5.00 pm on 31 July 1998 from making, selling or distributing brochures substantially reproducing Exhibit 'CCH5'.
  • Respondent to deliver up all copies of the applicant’s copyright work to applicant’s solicitors by 4.00 pm 30 July 1998.