Much More Music Pty Ltd v Australian Customs Service & Anor [1998] FCA 1118

Much More Music Pty Ltd v Australian Customs Service & Anor [1998] FCA 1118

Given the matter is finely balanced and the applicant faces quantifiable losses and a prima facie case of illegality, release of seized goods is ordered with safeguards; monetary compensation suffices for respondent's potential losses.

Jurisdiction
Australia
Judgment Date
03 September 1998
Procedural Posture
Application for Interlocutory Relief / Interlocutory Decision
Outcome
Interlocutory relief granted; seized goods ordered released to applicant with conditions; leave granted to amend proceedings; leave to appeal refusal of stay granted.
Legal Topics
['copyright' 'seizure of Goods' 'interlocutory Relief' 'administrative Review']
['intellectual Property Law'] ['copyright' 'seizure of Goods' 'interlocutory Relief' 'administrative Review']

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Procedural Posture

Application for Interlocutory Relief / Interlocutory Decision

Legal Issues

  1. 1 ['Whether the detention of imported compact discs by Australian Customs Service is unlawful' 'Whether interlocutory relief for release of seized goods should be granted']

Ratio Decidendi

Given the matter is finely balanced and the applicant faces quantifiable losses and a prima facie case of illegality, release of seized goods is ordered with safeguards; monetary compensation suffices for respondent's potential losses.

Court Disposition

Interlocutory relief granted; seized goods ordered released to applicant with conditions; leave granted to amend proceedings; leave to appeal refusal of stay granted.

Orders

  • ['Seized copies released to applicant subject to record-keeping, trust deposit of sale proceeds, retention of sample copies, and release of sample copies to objectors.' 'Applicant to produce remaining copies to registry on Monday, 7 September.' 'Applicant given leave to amend proceedings to seek relief under...