Solitaire Homes Pty Ltd v Urban Ventures Pty Ltd

Link copied
Case Copied 78 min read

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SOLITAIRE HOMES PTY LTD v URBAN VENTURES PTY LTD & ORS [2010] FMCA 185

COPYRIGHT – Alleged infringement of copyright of project home house plans – subsistence of copyright – “substantial part” and house plans – general principles regarding damages or account of profits – cost of the proceedings a factor in the award of exemplary damages.

PRACTICE & PROCEDURE – Application to set aside Default Judgment – application granted.

EVIDENCE – Application to adduce tendency evidence.

Copyright Act 1968 (Cth), ss.10, 13(1), 14(1)(b), 21(3), 31(1)(a)(i), (b), 32(3), 36(1), 115(1) - (4), 116, 126(a), 196(1), 196(3)
Evidence Act 1995 (Cth), s.97
Federal Magistrates Court Rules 2001, rr.7.01, 13.07
Albion Insurance Co Ltd v Government Insurance Office (NSW) (1969) 121 CLR 342
Ancher, Mortlock, Murray & Woolley Pty Ltd v Hooker Homes [1971] 2 NSWLR 278
Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; (2009) 258 ALR 14; (2009) 83 ALJR 951
Aristocrat Technologies Australia Pty Ltd v DAP Services (Kempsey) Pty Ltd (in Liq) (2007) 239 ALR 702; (2007) 71 IPR 437
Australian Securities and Investment Commission v Rich (2005) 218 ALR 764
Australian Securities and Investment Commission v Vines [2003] NSWSC 1237
Autodesk Australia Pty Ltd v Cheung (1990) 94 ALR 472; (1990) 17 IPR 69
Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300
A V Jennings Ltd v Bogdan (2009) 80 IPR 356
Bailey v Namol Pty Limited (1994) 53 FCR 102
Barrett Property Group Pty Ltd v Carlisle Homes Pty Ltd [2008] FCA 375
Barrett Property Group Pty Ltd v Merticon Homes Pty Ltd (2007) 74 IPR 52
Beck v Montana Constructions Pty Ltd [1964-65] NSWLR 229
Brodie v Singleton Shire Council (2001) 206 CLR 512
British Northrop Ltd v Texteam Blackburn Ltd [1974] RPC 57
Burke v LFOT Pty Ltd (2002) 209 CLR 282
Clarendon Homes (Aust) Pty Ltd v Henley Arch Pty Ltd (1999) 46 IPR 309
Commonwealth v Amann Aviation Pty Limited (1991) 174 CLR 64
Data Access Corporation v Powerflex Services Pty Ltd (1999) 202 CLR 1
Dart Industries Inc v Decor Corporation Pty Ltd(Lettuce Crisper Case) (1993) 179 CLR 101
Deckers Outdoor Corporation Inc v Farley No 5 (2010) 262 ALR 53
Designers Guild Ltd v Russell William (Textiles) Ltd [2001] FSR 113
Dias Aluminium Products Pty Ltd v Ullrich Aluminium Pty Ltd (No.2) (2005) 225 ALR 569; (2006) 66 IPR 561
Dixon Projects Pty Ltd v Hallmark Homes (2004) 60 IPR 8
Dixon Investments Pty Ltd v Hall (1990) 18 IPR 490
Dr Martens Australia Pty Limited v Bata Shoe Coof Australia Pty Ltd (1997) 75 FCR 230
Eagle Homes Pty Ltd v Austec Homes Pty Ltd (1999) 87 FCR 415; (1999) 161 ALR 503; (1999) 43 IPR 1
Eagle Rock Entertainment Ltd v Caisley (2006) 66 IPR 554
Elwood Clothing Pty ltd v Cotton Clothing Pty Ltd (2009) 80 IPR 566
Enzed Holdings Limited v Wynthea Pty…
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Solitaire Homes Pty Ltd v Urban Ventures Pty Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2010] FMCA 185
Decision Date

CaseChat Overview and Summary

Solitaire Homes Pty Ltd brought an action against Urban Ventures Pty Ltd and others, alleging copyright infringement of house plans for a project home named the Solitaire house. The matter was before the Federal Court of Australia, which had to determine the ownership of the copyright in the house plans and whether there was infringement. The court also had to decide on the appropriate quantum of damages and whether exemplary damages should be awarded. The Court granted an application to set aside a Default Judgment against one of the parties and dismissed an application to adduce further evidence relating to an account of profits. The Court held that Solitaire Homes Pty Ltd was the owner of the copyright in the house plans, and Urban Ventures Pty Ltd had infringed that copyright by constructing and selling houses based on the plans. The Court awarded damages in the sum of $10,000 and exemplary damages in the sum of $2,500. The Court held that the cost of the proceedings was a relevant factor in the award of exemplary damages. The Court dismissed the cross-claim against the Third Respondent and the application to adduce tendency evidence against the Second Respondent. The Court also dismissed the application to adduce tendency evidence against the Third Respondent.

The Court's decision was based on the evidence presented and the legal principles applicable to copyright infringement. The Court held that the copyright in the house plans subsisted and that Urban Ventures Pty Ltd had infringed that copyright by constructing and selling houses based on the plans. The Court held that the cost of the proceedings was a relevant factor in the award of exemplary damages. The Court held that the cross-claim against the Third Respondent and the application to adduce further evidence relating to an account of profits should be dismissed. The Court also held that the applications to adduce tendency evidence should be dismissed. The Court made orders declaring that Solitaire Homes Pty Ltd was the copyright owner of the plans for the Solitaire house, and that Urban Ventures Pty Ltd should pay damages and exemplary damages. The Court also made orders dismissing the cross-claim and the applications to adduce further evidence and tendency evidence. The Court made orders for the parties to file and serve submissions in relation to costs.

Orders

Orders of the court

1.

That the Applicant be declared the copyright owner of the plans for the Solitaire house, and of the dwelling known as the Solitaire house.

2.

That pursuant to section 115(2) of the Copyright Act 1968, the First Respondent pay to the Applicant damages in the sum of $10,000.

3.

That pursuant to section 115(4) of the Copyright Act 1968, the First Respondent pay to the Applicant exemplary damages in the sum of $2,500.00.

4.

That the cross-claim against the Third Respondent by the First and Second Respondents be dismissed.

5.

That the Application to adduce further evidence relating to an account of profits against the Third Respondent be dismissed.

6.

That the Applications to adduce tendency evidence against, respectively, the Second Respondent (by the Applicant), and against the Third Respondent (by the Second Respondent), be dismissed.

7.

That any submissions in relation to costs be filed and served by each of the parties within 28 days of the date of these 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.