Granger v Murdoch Books Pty Ltd [2012] FCA 909

Granger v Murdoch Books Pty Ltd [2012] FCA 909

The Court was not persuaded that the disputed payment order should be made: Murdoch Books had not consented to an order giving effect to that agreement, and any uncertainty in the payment terms would not be cured by making an order. The applicants' enforcement concern could be met by noting the agreement and dismissing the proceedings subject to their entitlement to apply under r 25.10 in the event of non-compliance.

Jurisdiction
Australia
Judgment Date
24 August 2012
Procedural Posture
Federal Court Civil Proceedings Alleging Infringement of Copyright, Misleading or Deceptive Conduct and Infringement of Moral Rights / Ruling on a Disputed Proposed Order After Acceptance of an Offer to Compromise
Outcome
Disputed proposed payment order not made; agreement noted; proceedings otherwise dismissed subject to the applicants' entitlement to apply under r 25.10 if the agreement is not complied with.
Legal Topics
['offer to Compromise' 'consent Orders' 'copyright Infringement' 'misleading or Deceptive Conduct' 'moral Rights' 'enforcement of Accepted Offer Under R 25.10']
['civil Procedure' 'intellectual Property' 'consumer Law'] ['offer to Compromise' 'consent Orders' 'copyright Infringement' 'misleading or Deceptive Conduct' 'moral Rights' 'enforcement of Accepted Offer Under R 25.10']

Case Brief

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Procedural Posture

Federal Court Civil Proceedings Alleging Infringement of Copyright, Misleading or Deceptive Conduct and Infringement of Moral Rights / Ruling on a Disputed Proposed Order After Acceptance of an Offer to Compromise

Legal Issues

  1. 1 ['Whether Murdoch Books agreed to an order giving effect to the payment terms in paragraph 2 of the offer to compromise.' 'Whether, assuming jurisdiction, the Court should make the disputed proposed order.' "Whether the applicants' concerns about enforcing the accepted offer after dismissal could be addressed under r 25.10 of the Federal Court Rules 2011."]

Ratio Decidendi

The Court was not persuaded that the disputed payment order should be made: Murdoch Books had not consented to an order giving effect to that agreement, and any uncertainty in the payment terms would not be cured by making an order. The applicants' enforcement concern could be met by noting the agreement and dismissing the proceedings subject to their entitlement to apply under r 25.10 in the event of non-compliance.

Court Disposition

Disputed proposed payment order not made; agreement noted; proceedings otherwise dismissed subject to the applicants' entitlement to apply under r 25.10 if the agreement is not complied with.

Orders

  • ["The Court noted the agreement between the parties that the respondent pay sums to the applicants in relation to exploitation of the compilation cookbooks entitled 'Best of Bill' and 'Bill Cooks for Kids' in paper and electronic form, calculated at 18.5% of sums received for paper form and 25% of sums received for...