Windridge Farm Pty Limited v Grassi

The case of Windridge Farm Pty Limited v Grassi involved a dispute over an unlawful trespass on a farm owned by the plaintiff, Windridge Farm. The trespass was conducted by the defendants, Grassi and another individual, at the behest of Animal Liberation NSW, an animal rights organisation. The defendants entered the property to investigate the conditions in which animals were kept and took video and photographs during their visit. The plaintiff sought relief on multiple fronts, including an order for the delivery of the photographs and video, an injunction to prevent the publication of the material, and damages for the trespass.

The legal issues before the court included whether copyright subsisted in the plaintiff over the photographs and video taken during the trespass and whether the material should be held on a constructive trust for the plaintiff. Additionally, the court considered whether the defendants could be ordered to deliver up the film and negatives and if the principle that a trespasser should not enjoy the "fruits of their tort" applied in this case. The court also examined whether injunctive relief could be granted to restrain the trespass to the video/photographic "products" obtained during the trespass and if damages were appropriate.

The court determined that the defendants did not intend to profit from the material, and there was no evidence of commercial loss or loss of goodwill by the plaintiff. The photographs and video had no intrinsic value, and there was no basis for a constructive trust. The court found that the principle that a trespasser should not enjoy the "fruits of their tort" did not apply here as there was no intention to profit. Injunctive relief was refused as the video and photographs were not in the nature of confidential information, and common law damages were considered an adequate remedy. The court awarded general damages of $15,000 to vindicate the plaintiff's right to exclusive occupation and special damages for costs arising from the natural and probable consequences of the trespass, including the cost of veterinary services check. Exemplary and aggravated damages were deemed unnecessary in the absence of sabotage or aggravating circumstances.