Federal Court of Australia
JUDGMENT No. sannclucreond ance
' IN THE FEDERAL COURT OF iUSTRALIA)
REGISTRY
) NORTHERN TERRITORY DISTRICT ) ) )
Coram: Place:
Date :
No. DG 4 of 1993
BETWEEN:
GEORGE MILPURRURRU, BANDUK MARIKA,
TIM PAYUNKA and THE PUBLIC TRUSTEE
FOR THE NORTHERN TERRITORY Applicants
AND:
INDOFURN PTY LTD, BRIAN ALEXANDER
BETHUNE, GEORGE RAYMOND KING and
ROBERT JAMES RYLANDS
Respondents
CORRIGENDA
von Doussa J Adelaide 15 December 1994
The following amendments are to be made in the judgment
delivered 13 December 1994.
RECEIVED 16 DEC 1994
Page 3, line 12, delete ""Gamarang" and substitute "Ngaritj".
Page 11, line 15, delete "and" between "European" and "Intellectual".
Page 79, line 1, delete "during the trial" and substitute "in the proceedings".
I certify that the above are a true copy of the amendments of Mr Justice von Doussa
FEDERAL COURT OF
AUSTRALIA PRINCIPAL
Associate: 7 LALA~Gef
JUDGMENT No. wate Senall 2:
eneani encconeneoce
CATCHWORDS
Copyright - Aboriginal paintings - artwork or parts thereof reproduced on Vietnamese made woollen carpets - importation into Australia for sale - copyright ownership - whether reproduction of a substantial part of the artwork - whether importer knew or ought reasonably to have known that the making of the carpets, if made in Australia, would have constituted infringing copies - whether directors personally liable for infringements by company - misleading and deceptive conduct - order for delivery up - assessment of conversion damages - assessment of compensatory damages for depreciation of value of copyright - additional damages - flagrancy - relevance of Aboriginal law and custom and notions of collective ownership by traditional owners.
Copyright Act 1968 (Cth), s 10, 14, 36, 37, 115, 116, 127 frade Practices Act 1974 (Cth), s 52, 53, 55
Federal Court of Australia Act 1976 (Cth), s 51A
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