Campbell v Zeiher [2009] FCA 423

Campbell v Zeiher [2009] FCA 423

A prima facie case has been established that the respondents intend to infringe the applicant's joint copyright interests in the manuscript, notes, and photographs, and propose to make misleading representations regarding authorship; the balance of convenience supports interlocutory restraint pending further consideration.

Parties
Applicant: Geoffrey Vincent Campbell; First Respondent: Felicity Zeiher; Second Respondent: Rukus Industries Pty Ltd
Jurisdiction
Australia
Judgment Date
28 April 2009
Procedural Posture
Application for Interlocutory Injunction / Ex Parte Interlocutory Relief; Adjournment to 11 May 2009
Outcome
Interlocutory injunction granted ex parte; matter adjourned
Legal Topics
Interlocutory Injunctions, Joint Ownership of Copyright, Misleading or Deceptive Conduct, Service of Process
Copyright Trade Practices Contracts Interlocutory Injunctions Joint Ownership of Copyright Misleading or Deceptive Conduct Service of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Geoffrey Vincent Campbell

Applicant

Felicity Zeiher

First Respondent

Rukus Industries Pty Ltd

Second Respondent

Procedural Posture

Application for Interlocutory Injunction / Ex Parte Interlocutory Relief; Adjournment to 11 May 2009

Legal Issues

  1. 1 Whether the applicant has established a prima facie case for interlocutory relief restraining publication of a manuscript allegedly co-authored or owned in copyright
  2. 2 Whether proposed representations about authorship are misleading or deceptive
  3. 3 Whether balance of convenience favours the grant of interlocutory restraint

Ratio Decidendi

A prima facie case has been established that the respondents intend to infringe the applicant's joint copyright interests in the manuscript, notes, and photographs, and propose to make misleading representations regarding authorship; the balance of convenience supports interlocutory restraint pending further consideration.

Court Disposition

Interlocutory injunction granted ex parte; matter adjourned

Orders

  • Until 11 May 2009 or further order, the respondents are restrained from publishing or communicating the book or the underlying notes or any substantial part or adaptation thereof without the applicant's written consent.
  • Until 11 May 2009 or further order, the respondents are restrained from making specified representations about the book's authorship, including that it is authored from the applicant's perspective, is the story of the applicant, or is authorised by the applicant, and that the first respondent is sole author.