Copyright Agency Ltd v University of Adelaide [2000] ACopyT 2
The application for interim relief is refused because the universities' rights will not be significantly impaired if relief is withheld, any potential harm is addressed by the undertaking given by CAL, the status quo is not materially altered, and because agreement has been reached on the relevant remuneration—removing the need for an urgent order.
- Jurisdiction
- Australia
- Judgment Date
- 31 March 2000
- Procedural Posture
- Copyright Tribunal Application / Interim Application for Restraining Order (interim Relief)
- Outcome
- Application for interim restraining order refused
- Legal Topics
- ['interim Orders' 'injunctions' 'sampling System for Equitable Remuneration' 'statutory Construction']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Copyright Tribunal Application / Interim Application for Restraining Order (interim Relief)
Legal Issues
- 1 ['Whether the Tribunal should grant interim relief restraining CAL from processing data pending final agreement or determination of all aspects of the sampling system' 'Whether the Tribunal has power to determine the manner in which collected data is to be processed']
Ratio Decidendi
The application for interim relief is refused because the universities' rights will not be significantly impaired if relief is withheld, any potential harm is addressed by the undertaking given by CAL, the status quo is not materially altered, and because agreement has been reached on the relevant remuneration—removing the need for an urgent order.
Court Disposition
Application for interim restraining order refused
Orders
- ['Parties to provide short minutes of orders for directions regarding the hearing on 15 May 2000']
Full Case Text
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