Chou v Metstech Pty Limited [2023] FCAFC 205

FEDERAL COURT OF AUSTRALIA

Chou v Metstech Pty Limited [2023] FCAFC 205 Appeal from: Metstech Pty Ltd v Park [2022] NSWSC 1667

File number: NSD 59 of 2023

Judgment of: YATES, DOWNES AND JACKMAN JJ

Date of judgment: 22 December 2023

Catchwords: COPYRIGHT – appeal and cross-appeals – whether primary judge erred in making a declaration as to copyright subsistence and ownership and an order for delivery up – whether the plaintiffs in the proceeding below failed to join a necessary party – whether the declaration made is an order in rem – where no objection to the making or the form of the declaration was raised before the primary judge – appeal and cross-appeals dismissed DAMAGES – whether primary judge erred in ordering an inquiry into damages – whether there was a prima facie case of the reasonable probability of damages – whether damages an available remedy for breach of the equitable obligation of confidence – whether breach of confidence and the remedies of an account of profits and an inquiry into damages pleaded – appeal and cross-appeals dismissed COSTS – whether any appellable error disclosed by the primary judge's exercise of discretion as to costs – whether it was factually incorrect to say that the plaintiffs had "largely succeeded" at first instance – substantial overlap in claims in relation to collusive conduct – conspiracy claim not clearly dominant or separable so as to require an apportionment of costs – no appellable error