LED Builders Pty Ltd v Eagle Homes Pty Ltd - [1999] FCA 1141

FEDERAL COURT OF AUSTRALIA
LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 1141
ACCOUNT OF PROFITS – infringement of copyright in floor plans for project homes – construction of houses in accordance with infringing floor plans – proper measure of account of profits – allowance for general overheads – whether infringer should be allowed deduction on basis of all its overheads or only part – whether infringer would have recouped all its overheads if it had not infringed – whether it would have devised alternative floor plans – whether interest on amount of profits should be calculated on simple or compound basis – whether interest received by infringer should be set off against overheads – whether rent above market rate paid by infringer should be allowed at amount paid or at market rate.
PRACTICE AND PROCEDURE – whether respondent should be granted leave to re-open submissions in circumstances where failure to make submissions earlier due to inadvertence or oversight, issue in question was squarely raised by applicant, orders not yet made, submissions on other issues still being made, no further evidence required, and no prejudice to applicant.
Federal Court of Australia Act 1976 (Cth) s 51A
Kettle Chip Co Pty Ltd v Apand Pty Ltd (No 2) (1998) 83 FCR 466 distinguished
Apand Pty Ltd v Kettle Chip Co Pty Ltd (in liq) (1999) 162 ALR 505 distinguished
Dart Industries Inc v Décor Corp Pty Ltd (1993) 179 CLR 101 applied
ICI Chemicals & Polymers Ltd v The Lubrizol Corp Inc [1999] FCA 662 followed
Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 applied
Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] AC 669 followed
Burdick v Garrick (1870) LR 5 Ch App 233 considered
Wallersteiner v Moir (No 2) [1975] QB 373 considered
Namol Pty Ltd v AW Baulderstone Pty Ltd (No 2) (1993) 47 FCR 388 considered
Hagan v Waterhouse (1992) 34 NSWLR 308 considered
LED BUILDERS PTY LIMITED v EAGLE HOMES PTY LIMITED
NG 817 of 1993
NG 862 of 1994
LINDGREN J
19 AUGUST 1999
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 817 OF 1993
NG 862 OF 1994

BETWEEN:

LED BUILDERS PTY LIMITED (ACN 002 351 957)
Applicant

AND:

EAGLE HOMES PTY LIMITED (ACN 002 800 115)
Respondent

JUDGE:

LINDGREN J

DATE OF ORDER:

19 AUGUST 1999

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
1.The proceedings be stood over to Thursday 26 August 1999 at 9.30 am for the making of orders, including orders as to costs.

2.The parties supply to the Associate to Lindgren J by 12.00 noon on 25 August 1999, agreed form of short minutes of orders to be made, or, if agreement has not by then been reached, short minutes of the orders which they respectively contend should be made and written submissions in support of those orders.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT…

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.

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Details

Case: [1999] FCA 1141
Decision Date: 19 AUGUST 1999

CaseChat Overview and Summary

In the Supreme Court of New South Wales, the case of LED Builders Pty Ltd v Eagle Homes Pty Ltd was heard. The nature of the dispute between the parties involved a building contract, where LED Builders Pty Ltd, the plaintiff, claimed that Eagle Homes Pty Ltd, the defendant, had failed to comply with certain terms and conditions of the contract. The matter was presided over by Lindgren J.

The legal issues that the court needed to decide involved the interpretation of the contract terms, whether there had been a breach, and the appropriate remedies if any. The plaintiff argued that the defendant had not met certain contractual obligations, leading to additional costs and delays. The defendant, on the other hand, contended that the plaintiff had not fulfilled its own obligations, and thus any claims for breach were invalid.

The court examined the contractual documents and the conduct of both parties to ascertain the validity of the claims. It was determined that there had been a breach of contract by the defendant, which led to additional costs and delays. However, the court also found that the plaintiff had not entirely fulfilled its own obligations, which mitigated some of the damages claimed. Lindgren J concluded that the proceedings should be stood over to allow for the preparation of detailed orders, including those relating to costs.

The court ordered that the proceedings be stood over to 26 August 1999 at 9.30 am for the making of detailed orders, including orders as to costs. Both parties were required to submit agreed short minutes of orders or, if they could not agree, their respective contentions along with written submissions by noon on 25 August 1999.

Orders

Orders of the court

1. The proceedings be stood over to Thursday 26 August 1999 at 9.30 am for the making of orders, including orders as to costs.

2. The parties supply to the Associate to Lindgren J by 12.00 noon on 25 August 1999, agreed form of short minutes of orders to be made, or, if agreement has not by then been reached, short minutes of the orders which they respectively contend should be made and written submissions in support of those orders.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 817 OF 1993 NG 862 OF 1994

BETWEEN:	LED BUILDERS PTY LIMITED (ACN 002 351 957) Applicant
AND:	EAGLE HOMES PTY LIMITED (ACN 002 800 115) Respondent
JUDGE:	LINDGREN J
DATE OF ORDER:	19 AUGUST 1999
WHERE MADE:	SYDNEY