Pocketful of Tunes Pty Ltd v The Commonwealth of Australia (No 2) [2015] ACopyT 2

Pocketful of Tunes Pty Ltd v The Commonwealth of Australia (No 2) [2015] ACopyT 2

The Commonwealth's offer was sufficiently certain to constitute a Calderbank offer, primarily because the value of the moral rights claim was settled for the purposes of the offer and payment terms did not render it unquantifiable. Rejection of the offer was not unreasonable regarding deferred payments, but the offer's certainty means the Commonwealth is entitled to indemnity costs after the offer's expiry. The applicants are entitled to ordinary costs up to the date of offer.

Parties
First Applicant: Pocketful of Tunes Pty Ltd; Second Applicant: Bruce William Woodley; Respondent: The Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Copyright Tribunal Costs Determination / Post Final Judgment, Costs and Orders
Outcome
Costs and interest orders following success in copyright fee determination, with split basis for costs.
Legal Topics
Costs, Calderbank Offer, Synchronisation Rights, Interest, Confidentiality
Copyright Law Costs Calderbank Offer Synchronisation Rights Interest Confidentiality

Case Brief

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Parties

Pocketful of Tunes Pty Ltd

First Applicant

Bruce William Woodley

Second Applicant

The Commonwealth of Australia

Respondent

Procedural Posture

Copyright Tribunal Costs Determination / Post Final Judgment, Costs and Orders

Legal Issues

  1. 1 Whether the Commonwealth's offer constituted a Calderbank offer for costs
  2. 2 Whether the applicants' rejection of the offer was reasonable
  3. 3 Assessment of costs and entitlement

Ratio Decidendi

The Commonwealth's offer was sufficiently certain to constitute a Calderbank offer, primarily because the value of the moral rights claim was settled for the purposes of the offer and payment terms did not render it unquantifiable. Rejection of the offer was not unreasonable regarding deferred payments, but the offer's certainty means the Commonwealth is entitled to indemnity costs after the offer's expiry. The applicants are entitled to ordinary costs up to the date of offer.

Court Disposition

Costs and interest orders following success in copyright fee determination, with split basis for costs.

Orders

  • The fee for synchronisation rights of the song 'I am Australian' to be paid by the Commonwealth to Pocketful of Tunes Pty Ltd is increased by $39,994 in interest from $149,743.34 to $189,737.34, exclusive of GST.
  • The respondent pay the applicants' costs up to and including 25 July 2013 on the ordinary basis.