Prosperity Group International Pty Ltd ACN 110 539 636 v Intellectual Properties Opportunities Pacific Pty Ltd ACN 130 769 578 [2009] FCA 403

Prosperity Group International Pty Ltd ACN 110 539 636 v Intellectual Properties Opportunities Pacific Pty Ltd ACN 130 769 578 [2009] FCA 403

The affidavit evidence established that the applicant owned copyright in an original literary work, that a substantial part of that work was reproduced on the first respondent's website, and that Paul Michael Drabsch controlled or authorised the relevant website conduct. The respondents did not identify any factual controversy or legal defence and merely put the applicant to proof. The Court was therefore satisfied under s 31A of the Federal Court of Australia Act 1976 that the respondents had no reasonable prospect of successfully defending the proceeding, and judgment was entered for the applicant.

Jurisdiction
Australia
Judgment Date
27 April 2009
Procedural Posture
Application for Summary Judgment Under S 31 a of the Federal Court of Australia Act 1976 in a Copyright Infringement Proceeding / Notice of Motion for Judgment; Final Judgment
Outcome
Judgment entered for the applicant; respondents restrained from infringing copyright; account of profits and ancillary orders made; respondents ordered to pay the applicant's costs on a party and party basis.
Legal Topics
['summary Judgment' 'no Reasonable Prospect of Successfully Defending' 'copyright Infringement' 'original Literary Work' 'substantial Reproduction' 'website Publication' 'account of Profits' 'costs']
['practice and Procedure' 'intellectual Property' 'copyright'] ['summary Judgment' 'no Reasonable Prospect of Successfully Defending' 'copyright Infringement' 'original Literary Work' 'substantial Reproduction' 'website Publication' 'account of Profits' 'costs']

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Procedural Posture

Application for Summary Judgment Under S 31 a of the Federal Court of Australia Act 1976 in a Copyright Infringement Proceeding / Notice of Motion for Judgment; Final Judgment

Legal Issues

  1. 1 ['Whether the respondents had no reasonable prospect of successfully defending the proceeding for the purposes of s 31A of the Federal Court of Australia Act 1976.' "Whether copyright subsisted in the applicant's literary work and was owned by the applicant." "Whether the respondents reproduced, or authorised the reproduction of, the whole or a substantial part of the Copyright Work on a website without the applicant's licence." 'Whether the applicant was entitled to injunctive relief, an account of profits, interest, delivery up and costs.']

Ratio Decidendi

The affidavit evidence established that the applicant owned copyright in an original literary work, that a substantial part of that work was reproduced on the first respondent's website, and that Paul Michael Drabsch controlled or authorised the relevant website conduct. The respondents did not identify any factual controversy or legal defence and merely put the applicant to proof. The Court was therefore satisfied under s 31A of the Federal Court of Australia Act 1976 that the respondents had no reasonable prospect of successfully defending the proceeding, and judgment was entered for the applicant.

Court Disposition

Judgment entered for the applicant; respondents restrained from infringing copyright; account of profits and ancillary orders made; respondents ordered to pay the applicant's costs on a party and party basis.

Orders

  • ["The first respondent and second respondent are restrained from infringing the applicant's copyright subsisting in the Copyright Work by reproducing, including by way of publication upon a website, or authorising the reproduction of the Copyright Work or a substantial part of the Copyright Work, without the licence...