Henley Arch Pty Ltd v Del Monaco

Henley Arch Pty Ltd (Henley Arch) brought proceedings against Del Monaco for copyright infringement of an artistic work, specifically a project home floorplan. The dispute concerned whether Del Monaco's floorplan was substantially similar to Henley Arch's copyrighted design, constituting an infringement under the *Copyright Act 1968* (Cth). The matter was heard before Judge Baird in the Federal Court of Australia.

The court was required to determine whether Del Monaco's floorplan infringed Henley Arch's copyright in its artistic work. This involved assessing the objective similarity between the two floorplans and whether Del Monaco had reproduced a substantial part of Henley Arch's design. The court also considered Del Monaco's defence that he was unaware of the origin of the design and his general lack of cooperation during the proceedings.

Judge Baird found that Del Monaco's floorplan was substantially similar to Henley Arch's copyrighted design, constituting an infringement. The court rejected Del Monaco's defence, noting his uncooperative behaviour. Applying s 115(3) of the *Copyright Act 1968* (Cth), the court found that Del Monaco had infringed Henley Arch's copyright. The court further considered the availability of additional damages under s 115(4) of the Act, assessing loss of opportunity and loss of profits.

Henley Arch's claims were upheld. The court ordered that Del Monaco pay damages to Henley Arch, reflecting the infringement of copyright.