Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112

FEDERAL COURT OF AUSTRALIA

Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112 File number(s): NSD 1015 of 2021

Judgment of: GREENWOOD, CHEESEMAN AND MCELWAINE JJ

Date of judgment: 6 July 2022

Catchwords: COPYRIGHT – appeal from decision of the primary judge dismissing claims of copyright infringement, misuse of confidential information, and various breaches of contract – where primary judge upheld the claims in relation to only one of the respondents – where appellant contends that its claims should have been upheld by the primary judge against all respondents COPYRIGHT – whether the primary judge erred in dismissing the copyright infringement claims against the respondents – whether the primary judge erred in not considering the evidence from 29 September 2016 in deciding what inferences should be drawn on the appellant's authorisation case – whether the primary judge erred in not concluding that the appellant's authorisation case was made out against each of the respondents and within the period 29 September 2016 to June 2018 – grounds 1 to 7 allowed COPYRIGHT – whether the primary judge erred in dismissing the contract claims against the fourth and fifth respondents – where there was no error in the approach of the primary judge – grounds 10, 11, 12, and 13 dismissed

Legislation: Copyright Act 1968 (Cth) ss 13, 22(6), 31(1), 35 36(1), 36(1A), 101(1), 115(4) Copyright Amendment (Digital Agenda) Act 2000 (Cth) ss 36, 101(1A) Federal Court of Australia Act 1976 (Cth) ss 24, 37M, 37N Federal Court Rules 2011 (Cth) r 36.54(c)