 Larrikin subsequently petitioned the court to receive between 40 and 60 percent of the song's royalties backdated to 1981, but on 6 July 2010 Justice Jacobson awarded the company 5 per cent of royalties backdated to 2002—believed to be a six-figure sum.On 31 March 2011 an appeal by record company EMI was dismissed by Justices Arthur Emmett, Jayne Jagot and John Nicholas, who concluded there had been an infringement of copyright of the tune "Kookaburra Sits in the Old Gum Tree".One of the band's songwriters, Colin Hay, said afterwards the result was disappointing and they would consider their position after reviewing the judgement more closely.