Sullivan v FNH Investments Pty Ltd t/as Palm Bay Hideaway

In the case of Sullivan v FNH Investments Pty Ltd t/as Palm Bay Hideaway, the plaintiff, Mr Sullivan, sought relief for copyright infringement and damages for breach of contract. The dispute arose from a contractual agreement between Mr Sullivan and FNH, which involved Mr Sullivan providing photography services for FNH's resort. The primary legal issues revolved around whether the breach by FNH was a flagrant infringement of copyright warranting additional damages, and if the contract terms allowed for such damages.

The court had to determine whether the flagrant breach constituted a significant infringement of copyright, which would allow the court to award additional damages under section 115(4) of the Act. The court examined the terms of the contract, including the written agreement specifying the conditions under which the photographs could be used. It was noted that the contract outlined specific rights retained by Mr Sullivan, such as the right to direct retouching and the right to be credited for his work. The court found that FNH's actions constituted a flagrant infringement of Mr Sullivan's copyright, which justified the award of additional damages.

The court ordered that FNH was to be restrained from further infringing Mr Sullivan's copyright by publishing the work without his licence. Additionally, FNH was to pay Mr Sullivan $7,425 for damages and an additional $15,000 under section 115(4) of the Act. The matter was stood over to a future date to hear arguments on costs.