FEDERAL COURT OF AUSTRALIA
Eagle Homes Pty Ltd v Austec Homes Pty Ltd [1999] FCA 138
COPYRIGHT – infringement – floor plans of project homes – reproduction of whole or substantial part – whether sufficient similarity between copyright plan and allegedly infringing plan – whether case one of copying of whole or of substantial part – meaning of “substantial part” – degree of protection to be afforded to floor plans of project homes – relevance of common features possessed by such plans – two aspects of reproduction, that is, subjective copying and sufficient objective similarity – relevance of finding of actual copying – distinction between idea and expression – role of appellate court in reviewing finding of trial judge that plans not sufficiently similar to amount to “reproduction”.
Copyright Act 1968 (Cth) ss 14(1), 31(1)(b)(i)
S W Hart & Co Pty Ltd v Edwards Hot Water Systems (1985) 159 CLR 466, referred to
Beck v Montana Constructions Pty Ltd [1964-5] NSWR 229, considered
Lend Lease Homes Pty Ltd v Warrigal Homes Pty Ltd [1970] 3 NSWLR 265, referred to Ancher Mortlock Murray & Woolley Pty Ltd v Hooker Homes Pty Ltd [1971] 2 NSWLR 278, applied
Dixon Investments Pty Ltd v Hall (1990) 18 IPR 481 (FCA/Pincus J), referred to
University of London Press Ltd v University Tutorial Press Ltd [1916] 2 Ch 601, considered
Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] 1 WLR 273, considered
Autodesk Inc v Dyason [No 2] (1993) 176 CLR 300, referred to
Warwick Film Productions Ltd v Eisinger [1969] 1 Ch 508, distinguished
Dixon Investments Pty Ltd v Hall (1990) 18 IPR 490 (FC), referred to
Ownit Homes Pty Ltd v Mancuso Investments Pty Ltd (1988) AIPC 90-488, referred to
LED Builders Pty Ltd v Masterton Homes (NSW) Pty Ltd (1994) 30 IPR 447, considered
Kenrick & Co v Lawrence & Co (1890) 25 QBD 99, distinguished
Beazley Homes Ltd v Arrowsmith [1978] 1 NZLR 394, considered
Hanfstaengl v Baines & Co [1895] AC 20, referred to
MacMillan & Co Ltd v Cooper (1923) 40 TLR 186, considered
Blackie & Sons Ltd v Lothian Book Publishing Co Pty Ltd (1921) 29 CLR 396, applied
Commissioner of Taxation v Chubb Australia Ltd (1995) 56 FCR 557 at 560, referred to
Biogen Inc v Medeva PLC [1997] RPC 1 at 45, referred to
Esso Australia Resources Ltd v Commissioner of Taxation (1998) 98 ATC 4768 at 4779 referred to
S & I Publishing Pty Ltd v Australian Surf Lifesaver Pty Ltd (1999) ATPR 41-667 at 42,505, referred to
Preston Erection Pty Limited v Speedy Gantry Hire Pty Limited [1998] FCA 1615 at 9-10, referred to
Beneficial Finance Corporation Ltd v Karavas (1991) 23 NSWLR 256, referred to
George Mitchell (Chesterhall Ltd) v Finney Lock Seeds Ltd [1983] 2 AC 803 at 816, referred to
Devries v Australian National Railways Commission (1993) 177 CLR 472 at 479, referred to
Warren v Coombes (1979)…
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- Case
- [1999] FCA 138
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. The appeal be allowed.
2. The orders made on 1 December 1997 in proceeding NG 355 of 1996 be set aside, and in lieu thereof, the respondent pay the costs of the appellant as applicant in that proceeding.
3. The matter be remitted to the primary judge in proceeding NG 355 of 1996 for determination in accordance with the reasons of the Full Court delivered on 22 February 1999 in this proceeding.
4. The respondent pay the appellant’s costs of the appeal.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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