Ownit Homes Pty Ltd & Ors v D. & F. Mancuso Investments Pty Ltd & Ors [1988] FCA 202

CATCHWORDS

COPYRIGHT - Alleged infringement of architectural plans - display home - original artistic work - in whom the copyright vested - extent of copying - qualitative assessment of extent of similarity - alleged reproduction of substantial part of plans -

copying of ideas.

Copyright Act 1968 (Cth) ss.36(1)

OWNIT HOMES PTY. LTD. First Appellant DAUDI PTY. LTD. Second Appellant JEFFDET OSMAN Third Appellant - and -

D. & F. MANCUSO INVESTMENTS PTY. LTD. First Respondent DOMENICO MANCUSO Second Respondent TONY MANCUSO and ANGELA MANCUSO Third Respondents

Coram: Fisher, Pincus & Einfeld Ju.

Brisbane 29th April 1988

FEDERAL COUPT OF AUSTRALIA

PAING Fay \ REG STAY

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IN THE FEDERAL COURT OF AUSTRALIA ) )

QUEENSLAND DISTRICT REGISTRY ) No.G165 of 1987 )

GENERAL DIVISION )

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND

BETWEEN: OWNIT HOMES PTY. LTD.

First Appellant - and -

DAUDI PTY. LTD.

Second Appellant - and -

JEFFDET OSMAN

Third Appellant - and —

D.& F. MANCUSO INVESTMENTS PTY. LTD.

First Respondent - and -

DOMENICO MANCUSO

Second Respondent - and -

TONY MANCUSO and ANGELA MANCUSO

Third Respondents

MINUTES OF ORDER JUDGES MAKING ORDER WHERE MADE DATE OF ORDER

THE COURT ORDERS THAT:

FISHER, PINCUS & EINFELD JJ. BRISBANE 29 APRIL 1988

oo oe oe

1. The appeal be dismissed. 2. The appellants do pay to the respondents their costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA ) )

QUEENSLAND DISTRICT REGISTRY ) No.G165 of 1987 )

GENERAL DIVISION )

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND

BETWEEN: OWNIT HOMES PTY. LTD.

First Appellant - and -

DAUDI PTY. LTD.

Second Appellant - and -

JEFFDET OSMAN

Third Appellant - and -

D.& F. MANCUSO INVESTMENTS PTY. LTD.

First Respondent - and -

DOMENICO MANCUSO

Second Respondent - and -