Young v Wyllie

Young v Wyllie [2010] FCA 283 This judgment concerns an application for summary judgment filed on 26 August 2009 by the applicant, Mr Gary Young. He is a self represented litigant. He seeks summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) against 14 respondents including declarations referrable to s 103 of the Copyright Act 1968 (Cth) and ss 52 and 53 of the Trade Practices Act 1974 (Cth) The applicant was the producer and director of two cinematograph films, "COSY COOL" and "WHEELS ON FIRE", sometimes called "WHEELS ON FIRE 30 years with the Weekend Warriors", produced in the 1970s on 35mm film and recut and modernised for DVD release. The copyright in the films initially vested in Lugen Pty Ltd ("Lugen"). On 26 May 2005 licence agreements between Lugen, "by and through its agent Gary Young", and ostensibly with Duke Video Pty Ltd ("Duke"), were signed by Gregory John Wyllie, the first respondent.  There was a separate agreement for each film.  On 24 July 2008, in consideration of the sum of $1000, the copyright was assigned by Lugen to the applicant.  It is not an issue that the applicant now owns the copyright in the two cinematograph films. On 6 November 2008 the applicant filed an application in the ACT Registry of this Court seeking an account of profits and damages under the Copyright Act and damages for breach of contract. The first respondent by notice of motion filed on 25 November 2008 sought to have the matter transferred to the NSW Registry of this Court under Order 10 rule 1(2)(f) of the Federal Court Rules. On 1 December 2008 Stone J ordered that the proceeding be transferred. Read more about this case: The following lawsuits have cited this case:
  1. CARTER v TIMECONTI SHEFFIELD & ANOR [2011] FMCA 29
  2. Young v Wyllie [2010] FCA 1098
  3. Young v Wyllie (No 2) [2010] FCA 616
  Young v Wyllie (No 2) [2010] FCA 616 This judgment deals with the issue of costs of an interlocutory application for summary judgment by the applicant following the decision in Young v Wyllie [2010] FCA 283 (30 March 2010). In that decision I concluded the applicant had failed to establish any basis for the granting of summary judgment against any respondent under s 31A of the Federal Court of Australia Act 1976 (Cth) (Federal Court Act). The parties were invited to file written submissions on the question of costs. These reasons should be read in conjunction with the earlier reasons. This judgment deals with the issue of costs of an interlocutory application for summary judgment by the applicant following the decision in Young v Wyllie [2010] FCA 283 (30 March 2010). In that decision I concluded the applicant had failed to establish any basis for the granting of summary judgment against any respondent under s 31A of the Federal Court of Australia Act 1976 (Cth) (Federal Court Act). The parties were invited to file written submissions on the question of costs. These reasons should be read in conjunction with the earlier reasons... Read more about this case: The following lawsuits have cited this case:
  1. Dale v Clayton Utz (No 3) [2013] VSC 593
  2. Young v Wyllie [2010] FCA 1098


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