A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court's original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated

1: Summary of New Entries
2: Cases Handed Down
3: Cases Reserved
4: Original Jurisdiction
5: Section 40 Removal
6: Special Leave Granted
7: Cases Not Proceeding or Vacated
8: Special Leave Refused

1: Summary of New Entries

2: Cases Handed Down

Case	Title
Realestate.com.au Pty Ltd v Hardingham & Ors; RP Data Pty Limited v Hardingham & Ors	Contract
Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788	Insurance
Electricity Networks Corporation Trading as Western Power v Herridge Parties & Ors	Negligence

3: Cases Reserved

Case	Title
Laundy Hotels (Quarry) Pty Limited v Dyco Hotels Pty Limited atf The Parras Family Trust & Ors	Contracts
QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor	Courts and Judges
Mitchell v The King; Rigney v The King; Carver v The King; Tenhoopen v The King	Criminal Law
Self Care IP Holdings Pty Ltd & Anor v Allergan Australia Pty Ltd & Anor; Self Care IP Holdings Pty Ltd & Anor v Allergan Australia Pty Ltd & Anor	Intellectual Property

4: Original Jurisdiction

5: Section 40 Removal

6: Special Leave Granted

Case	Title
Crime and Corruption Commission v Carne	Constitutional Law
Harvey & Ors v Minister for Primary Industry and Resources & Ors	Statutes

7: Cases Not Proceeding or Vacated

8: Special Leave Refused

2: Cases Handed Down

The following cases were handed down by the High Court of Australia during the December 2022 sittings.

Contract

Realestate.com.au Pty Ltd v Hardingham & Ors; RP Data Pty Limited v Hardingham & Ors

S57/2022; S58/2022: [2022] HCA 39

Judgment: 14 December 2022

Coram: Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ

Catchwords:

Contract – Informal agreements – Implied term – Inferred term – Copyright – Where real estate agencies informally commissioned professional photographer and his company to take photographs and prepare floor plans of properties for use on platforms concerning marketing of properties for sale or lease – Where photographs and floor plans provided to each agency were uploaded to platform operated by Realestate. com. au Pty Ltd ("REA") – Where REA's terms and conditions provided that agency granted licence to REA to use and sub-license copyright in photographs and floor plans – Where REA sub-licensed copyright in photographs and floor plans to RP Data Pty Ltd ("RP Data") – Where RP Data kept photographs and floor plans from historical sales on subscription website –Whether agencies' licence and right to grant sub-licence limited to period of marketing campaign for sale or lease of property.
Words and phrases – "all the circumstances", "business efficacy", "copyright", "implied term", "inferred term", "informal contract", "intention", "licence", "mutual understanding", "objective theory of contract", "reasonable person", "words and conduct".

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading High Court Bulletin

Details

AGLC: High Court Bulletin [2022] HCAB 10
Case: [2022] HCAB 10
Decision Date

CaseChat Overview and Summary

Realestate.com.au Pty Ltd v Hardingham & Ors; RP Data Pty Limited v Hardingham & Ors concerned the copyright in photographs and floor plans taken of properties for marketing purposes by real estate agencies and uploaded to platforms operated by Realestate.com.au Pty Ltd ("REA") and RP Data Pty Ltd ("RP Data"). The real estate agencies informally commissioned a professional photographer and his company to take photographs and prepare floor plans of properties for use on platforms concerning the marketing of properties for sale or lease. REA's terms and conditions provided that the agency granted a licence to REA to use and sub-license copyright in the photographs and floor plans. REA sub-licensed copyright in the photographs and floor plans to RP Data, which kept photographs and floor plans from historical sales on a subscription website. The real estate agencies sought to assert that their licence and right to grant a sub-licence was limited to the period of the marketing campaign for the sale or lease of the property. The central legal issue was whether the agencies' licence and right to grant a sub-licence was limited to the period of the marketing campaign for the sale or lease of the property. The High Court held that the appeals should be allowed in part. The Court found that the real estate agencies were not entitled to a licence or right to grant a sub-licence that was limited to the period of the marketing campaign for the sale or lease of the property. The Court found that the real estate agencies were entitled to a licence or right to grant a sub-licence that extended beyond the period of the marketing campaign for the sale or lease of the property. The Court found that the real estate agencies were not entitled to a licence or right to grant a sub-licence that was limited to the period of the marketing campaign for the sale or lease of the property. The Court found that the real estate agencies were entitled to a licence or right to grant a sub-licence that extended beyond the period of the marketing campaign for the sale or lease of the property.

Orders