CTHFCA
Campbell v Zeiher
[2009] FCA 423
Federal Court of Australia|2009-04-28|Before: Graham J, Perram J, Buchanan J
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Source factsCourt
Federal Court of Australia
Decision date
2009-04-28
Before
Graham J, Perram J, Buchanan J
Source
Original judgment source is linked above.
Judgment (4 paragraphs)
[1]
- Up to and including 11 May 2009 or further earlier order, the respondents and each of them, whether by themselves, their servants or agents or otherwise, be restrained from doing any of the following acts without the prior written consent of the applicant: (a) publishing the literary work which is in, or is substantially in, the form of a book or book draft, and which is known to the respondents as "The Milperra Massacre - the True Story - through the eyes of Snake" (that literary work is hereafter referred to as the "Book"); (b) publishing a substantial part of, or any adaptation of, the Book; (c) communicating the Book to the public (whether by way of internet transmission or otherwise); (d) communicating a substantial part of, or any adaptation of, the Book, to the public (whether by way of internet transmission or otherwise); (e) publishing a substantial part of, or any adaptation of, the literary work embodied in the exercise books which are referred to in paragraphs 5 and 6 of the affidavit of Geoffrey Vincent Campbell sworn 22 April 2009 and parts of which are exhibited to that affidavit as Exhibit GVC-1 (that literary work is hereafter referred to as the "Underlying Notes"); (f) publishing a substantial part of, or any adaptation of, the Underlying Notes; and (g) communicating a substantial part of, or any adaptation of, the Underlying Notes to the public (whether by way of internet transmission or otherwise).
- Up to and including 11 May 2009 or further earlier order, the respondents and each of them, whether by their servants, agents or otherwise be restrained from: (a) making, without first obtaining the written approval of the applicant in relation to the contents of the Book (or any part, version or adaptation thereof), any express or implied representations in trade or commerce to the following effect: (i) that the story in the Book (or any part, version, or adaptation thereof) is written from the perspective of the applicant; (ii) that the Book or its contents (or any part, version, or adaptation thereof) is or are the story of the applicant; (iii) that the Book or its contents (or any part, version or adaptation thereof) is or are authorised or endorsed by the applicant. (b) making any representation to the effect that the first respondent is the only author of the Book (or any part, version or adaptation thereof).