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Tuesday, October 27, 2020

Clive Palmer, Twisted Sister: Billionaire fails to win delay in copyright case

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Billionaire Clive Palmer has failed in a last-ditch bid to delay dealing with courtroom till after state borders open, as a lawsuit looms over his use of the Twisted Sister’s ‘80s traditional “We’re Not Gonna Take It” in marketing campaign advertisements.

The businessman and former politician is being sued by Common Music, with a listening to because of begin in seven days.

However the Federal Court docket heard on Monday he doesn’t need to give proof over videoconferencing as a result of he didn’t realise how a lot of the case was geared in the direction of attacking his credibility.

A choose stated in return that “solely a idiot” would have thought it wasn’t a problem.

The businessman and former politician is being sued by Universal Music over his use of the Twisted Sister’s ‘80s hit, with a hearing due to start in seven days.
media_cameraThe businessman and former politician is being sued by Common Music over his use of the Twisted Sister’s ‘80s hit, with a listening to because of begin in seven days.

Mr Palmer’s barrister Paddy Williams advised the courtroom his shopper “needs to topic himself to the rigours of cross-examination in particular person” however the difficulties of travelling interstate within the COVID-19 pandemic imply that isn’t simple.

Mr Williams stated Mr Palmer might journey to NSW, however must “sit in quarantine for 2 weeks” on his return to Queensland, an ordeal that may “clearly outweigh” any inconvenience to Common Music brought on by delaying the trial.

Justice Katzmann stated she didn’t assume Microsoft Groups put Mr Palmer at an obstacle.

“Having someone carefully in entrance of me as witnesses are on the display makes it in lots of respects simpler to evaluate their manner, to the extent that manner counts for something as of late,” she stated.

Patrick Flynn, appearing for Common Music, stated it was “exhausting to imagine” how Mr Palmer might have thought the assault on his credibility can be extra restricted.

He identified that paperwork filed by Common particularly acknowledged it rejected Mr Palmer’s declare that the music was used for parody or satire.

“Little doubt that Mr Palmer’s credibility was in problem from the very starting and solely a idiot would have thought in any other case,” Justice Katzmann stated.

Mr Palmer’s utility cited an October 2 media launch from Queensland premier Annastacia Palaszczuk stating the border would reopen following 28 days of no domestically transmitted thriller circumstances in NSW.

Mr Flynn stated “the entire thing turns into speculative” in case you attempt to predict when this would possibly occur, and that if a case pops up “out of the blue the clock is again to zero”.

Justice Katzmann agreed: “One can’t simply adjourn to a different date as a result of we don’t know what the state of affairs is prone to be or might be in a month, six months, or 12 months from now.”

A judge was unconvinced by Mr Palmer’s reluctance to appear over Microsoft Teams. Picture: AAP/John Gass
media_cameraA choose was unconvinced by Mr Palmer’s reluctance to seem over Microsoft Groups. Image: AAP/John Gass

As quickly as Mr Williams completed his reply, Justice Katzmann stated: “I’m not persuaded to vacate the listening to or to adjourn any a part of it. Would you like me to provide causes?”

“Please your honour. I’m instructed to take causes,” Mr Williams stated.

“Nicely then, I’ll give my causes at some stage tomorrow,” she replied.

Mr Williams then stated he had been instructed to enchantment the ruling.

“I haven’t even given my causes!” Justice Katzmann stated.

She declined to grant a keep on her determination and advised Mr Williams that Mr Palmer can apply for depart to enchantment if he nonetheless desires to after studying her causes.

Mr Palmer had provided to pay any related prices if the trial, and even simply his proof, was delayed, in addition to the prices of the appliance, which he was saddled with regardless.

The trial stays scheduled to start on October 19.

Initially printed as ‘Only a fool’: Judge knocks back Clive

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