Luxottica Retail Australia Pty Ltd v Grant

Luxottica Retail Australia Pty Ltd brought an action against one of its former employees, Grant, for copyright infringement. The plaintiff alleged that the defendant had emailed documents to which copyright attached from the plaintiff's computer to her home email address. The defendant admitted the infringement but claimed that there was no actual loss caused by the infringement, and therefore no damages were payable. The case was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the defendant's conduct constituted an infringement of copyright and, if so, whether any damages were payable to the plaintiff. The court found that the defendant's actions did constitute an infringement of copyright. However, in assessing whether any damages were payable, the court considered the principles of damages for breach of copyright. The court found that the defendant's conduct did not result in any actual loss to the plaintiff, and therefore no additional damages were payable under the Copyright Act.

The court found that the defendant had infringed the plaintiff's copyright, but the plaintiff was only entitled to nominal damages of $10. The court held that no additional damages were payable under the Copyright Act because the plaintiff had not suffered any actual loss as a result of the infringement. The court emphasised that the purpose of awarding damages in copyright cases is to compensate the plaintiff for any loss suffered, and in this case, there was no such loss.