Murray, Thomas Douglas v King, Matthew [1984] FCA 283

Murray, Thomas Douglas v King, Matthew [1984] FCA 283

The order of the Supreme Court and the subsequent agreement for sale of the partnership business were effective to transfer all partnership assets, including copyright, to the respondent. The assignment was valid as it was effected in writing by the receiver on behalf of the assignors or, alternatively, the copyright devolved on the respondent by operation of law following the court-ordered sale in winding up the partnership. Consequently, the respondent was entitled to maintain proceedings and recover for infringement of copyright.

Parties
Appellant: Thomas Douglas Murray; Appellant: Kaylene Joy Murray; Respondent: Matthew King
Jurisdiction
Australia
Judgment Date
14 September 1984
Procedural Posture
Appeal / Judgment on Appeal From Supreme Court of Queensland
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Assignment of Copyright, Devolution by Operation of Law, Partnership Assets, Receivership, Sale of Business
Intellectual Property Partnership Law Copyright Infringement Assignment of Copyright Devolution by Operation of Law Partnership Assets Receivership Sale of Business

Case Brief

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Parties

Thomas Douglas Murray

Appellant

Kaylene Joy Murray

Appellant

Matthew King

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Supreme Court of Queensland

Legal Issues

  1. 1 Whether the respondent was entitled to maintain an action for infringement of copyright.
  2. 2 Whether copyright in the partnership publication was assigned to the respondent under the sale agreement.
  3. 3 Whether copyright devolved to the respondent by operation of law after the partnership winding up.

Ratio Decidendi

The order of the Supreme Court and the subsequent agreement for sale of the partnership business were effective to transfer all partnership assets, including copyright, to the respondent. The assignment was valid as it was effected in writing by the receiver on behalf of the assignors or, alternatively, the copyright devolved on the respondent by operation of law following the court-ordered sale in winding up the partnership. Consequently, the respondent was entitled to maintain proceedings and recover for infringement of copyright.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the respondent's costs of the appeal.