Flashback Holdings Pty Limited v Showtime DVD Holdings Pty Ltd (No. 2) [2008] FCA 2008

Flashback Holdings Pty Limited v Showtime DVD Holdings Pty Ltd (No. 2) [2008] FCA 2008

Because the parties no longer disputed that Gaiam Inc was the copyright owner, Gaiam Inc consented to be joined, and the respondents did not oppose joinder, joinder of Gaiam Inc and amendment of the statement of claim to allege its ownership would remove the basis for the earlier stay imposed due to non-joinder of the copyright owner. The stay was therefore lifted on Flashback's undertaking to amend, leave was granted to join Gaiam Inc and amend the pleading, and an affidavit as to the first respondent's assets, liabilities and film identification was directed in light of the applicant's stated concern.

Jurisdiction
Australia
Judgment Date
10 December 2008
Procedural Posture
Copyright Proceeding Concerning an Alleged Exclusive Licence to Distribute Children's Dvds in Australia / Notice of Motion for Joinder of Copyright Owner, Amendment of Statement of Claim, Lifting of Stay and Procedural Directions
Outcome
Stay lifted on undertaking; leave granted for joinder and amendment; procedural directions made.
Legal Topics
['exclusive Licence' 'joinder of Copyright Owner' 'stay of Proceedings' 'amendment of Statement of Claim' 'discovery' 'affidavit of Assets and Liabilities']
['copyright Law' 'civil Procedure'] ['exclusive Licence' 'joinder of Copyright Owner' 'stay of Proceedings' 'amendment of Statement of Claim' 'discovery' 'affidavit of Assets and Liabilities']

Case Brief

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Procedural Posture

Copyright Proceeding Concerning an Alleged Exclusive Licence to Distribute Children's Dvds in Australia / Notice of Motion for Joinder of Copyright Owner, Amendment of Statement of Claim, Lifting of Stay and Procedural Directions

Legal Issues

  1. 1 ['Whether the stay ordered on 17 October 2008 should be lifted if Gaiam Inc is joined and the statement of claim is amended to allege that Gaiam Inc is the copyright owner.' 'Whether leave should be granted to join Gaiam Inc as a party to the proceeding and amend the statement of claim.' 'Whether the first respondent should file and serve an affidavit detailing its assets and liabilities and identifying films comprising the Animated Classics item.']

Ratio Decidendi

Because the parties no longer disputed that Gaiam Inc was the copyright owner, Gaiam Inc consented to be joined, and the respondents did not oppose joinder, joinder of Gaiam Inc and amendment of the statement of claim to allege its ownership would remove the basis for the earlier stay imposed due to non-joinder of the copyright owner. The stay was therefore lifted on Flashback's undertaking to amend, leave was granted to join Gaiam Inc and amend the pleading, and an affidavit as to the first respondent's assets, liabilities and film identification was directed in light of the applicant's stated concern.

Court Disposition

Stay lifted on undertaking; leave granted for joinder and amendment; procedural directions made.

Orders

  • ['Upon the undertaking of the applicant to amend its statement of claim to include an allegation that Gaiam Inc is the owner of the copyright, the stay ordered on 17 October 2008 be lifted.' 'Leave be granted to the applicant to join Gaiam Inc as a party to the proceeding and amend its statement of claim to include...