Larrikin Music Publishing Pty Ltd (ACN 003 839 432) v EMI Songs Australia Pty Limited (ACN 000 063 267) [2010] FCA 242

Larrikin Music Publishing Pty Ltd (ACN 003 839 432) v EMI Songs Australia Pty Limited (ACN 000 063 267) [2010] FCA 242

Further discovery was refused because all necessary issues of liability, including authorisation, were already determined or appropriately limited by the orders of 27 October 2009. Any remaining discovery relates only to the mechanical 'bean counting' of quantum, and additional discovery on authorisation or damages was not required nor appropriate at this procedural stage.

Parties
Applicant: Larrikin Music Publishing Pty Ltd; Third Respondent: EMI Songs Australia Pty Limited; Fourth Respondent: EMI Publishing Australia Pty Limited; Fifth Respondent: Colin James Hay; Sixth Respondent: Ronald Graham Strykert
Jurisdiction
Australia
Judgment Date
17 March 2010
Procedural Posture
Intellectual Property Copyright Infringement / Post Liability, Case Management of Discovery and Trial on Quantum
Outcome
Application for further discovery refused
Legal Topics
Copyright Infringement, Discovery, Case Management
Intellectual Property Copyright Infringement Discovery Case Management

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 5 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Larrikin Music Publishing Pty Ltd

Applicant

EMI Songs Australia Pty Limited

Third Respondent

EMI Publishing Australia Pty Limited

Fourth Respondent

Colin James Hay

Fifth Respondent

Ronald Graham Strykert

Sixth Respondent

Procedural Posture

Intellectual Property Copyright Infringement / Post Liability, Case Management of Discovery and Trial on Quantum

Legal Issues

  1. 1 Whether further discovery should be ordered in relation to the quantification of Larrikin's percentage interest and other entitlements
  2. 2 Whether earlier orders had already resolved the issue of authorisation and liability for copyright infringement
  3. 3 Whether further discovery is required for claims of additional damages under s 115(4) Copyright Act

Ratio Decidendi

Further discovery was refused because all necessary issues of liability, including authorisation, were already determined or appropriately limited by the orders of 27 October 2009. Any remaining discovery relates only to the mechanical 'bean counting' of quantum, and additional discovery on authorisation or damages was not required nor appropriate at this procedural stage.

Court Disposition

Application for further discovery refused

Orders

  • See orders made 17 March 2010.