A-One Accessory Imports Pty Ltd v Off Road Imports Pty Ltd

The case of A-One Accessory Imports Pty Ltd v Off Road Imports Pty Ltd [1996] FCA 548 was brought by A-One Accessory Imports Pty Ltd and two others against Off Road Imports Pty Ltd and two others. The applicants sought relief for copyright infringement, alleging that the respondents had copied their catalogue, which contained a mix of original and pirated work. The Federal Court of Australia was asked to decide on the legal issues surrounding the applicants' entitlement to relief and costs. The Court found that while the applicants had infringed copyright in creating their catalogue, there was no public policy reason to deny them relief for the infringement of their own copyright. However, the Court also found that due to the applicants' conduct, it was inequitable to grant them certain forms of relief, such as an injunction or an account of profits. Nevertheless, the applicants were entitled to damages for the respondents' infringement of their copyright. The Court further found that the applicants were not entitled to full costs due to their failure to establish that their catalogues were entirely original works.

The Court concluded that the applicants should recover two-thirds of their costs related to the hearing of the separate issues. However, the applicants were ordered to pay the costs of one of the respondents, Julie Robyn King, who was a director of Off Road Imports Pty Ltd. The applicants' costs were to be taxed on an indemnity basis, while Mrs. King's costs were to be taxed on a party and party basis.