Ferntree Homes Pty Ltd v Bohan

In the case of Ferntree Homes Pty Ltd v Bohan, the plaintiff, Ferntree Homes Pty Ltd, sought to establish that the home constructed by the defendants, the Bohans, and their daughter, Ms Putra, at 55B New Street, Auburn, was substantially similar to the plaintiff’s “Golden Fern MK2” display home. The plaintiff argued that the defendants’ home was based on the plaintiff’s plans and that this constituted an infringement of copyright. The defendants denied the allegations and claimed that the home was independently designed by their friend, Mr Dean, and bore no resemblance to the plaintiff’s plans. The case was heard in the Federal Court of Australia.

The central legal issues in this case revolved around the determination of whether the defendants' home, as constructed and designed by Mr Dean, was substantially similar to the plaintiff's "Golden Fern MK2" plans, and if so, whether there was a causal link between the two. This required an analysis of the similarities and differences between the two sets of plans, as well as the process through which the defendants' home was designed. The court had to consider whether the defendants' home was an unauthorised reproduction of the plaintiff’s plans, thereby constituting a copyright infringement.

The Federal Court found that while there were some similarities between the two sets of plans, they were not sufficient to establish that the defendants' home was substantially similar to the plaintiff's "Golden Fern MK2". The court held that the similarities were either coincidental or due to common design features within the building industry. Furthermore, the court found that there was no causal link between the plaintiff’s plans and the defendants' home, as the design process undertaken by Mr Dean was independent of the plaintiff’s work. Consequently, the court concluded that there was no copyright infringement.

The court dismissed the plaintiff's application and ordered that the plaintiff pay the respondents' costs. This decision underscores the importance of establishing both substantial similarity and a causal link between the original work and the allegedly infringing work in copyright cases.