LED Builders Pty Ltd v Eagle Homes Pty Ltd [1996] FCA 741

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 817 OF 1993 ) GENERAL DIVISION ) BETWEEN: LED BUILDERS PTY LTD (ACN 002 351 957) Applicant AND: EAGLE HOMES PTY LTD (ACN 002 800 115) Respondent EAGLE HOMES PTY LTD (ACN 002 800 115) Cross-Claimant LED BUILDERS PTY LTD (ACN 002 351 957) Cross-Respondent Coram: Davies J. Date: 27 August 1996 Place: Sydney MINUTES OF ORDER

THE COURT DECLARES THAT: 1. The respondent has infringed the applicant's copyright in the drawings for the floor plans of each of the applicant's houses shown in the table below (and annexed hereto and marked as shown respectively below) by the floor plans for the respondent's houses shown respectively in the table below (and annexed hereto and marked as shown respectively below): Applicant's Plan Annexure Respondent's Infringing Annexure Plan (a) Sussex 4 Bedroom A1 Regal Royale A2 Rumpus Solarium (or Regal Series I) (b) Freemont 4 Bedroom B1 Flamingo Premier B2 (c) Freemont 4 Bedroom F1 Flamingo Classic F2 (d) Freemont 4 Bedroom G1 Flamingo Regular G2 (e) Freemont 4 Bedroom with Rear Rumpus H1 Flamingo Deluxe H2 (f) Freemont 4 Bedroom with Rear Rumpus/ J1 Flamingo Royale J2 solarium THE COURT ORDERS THAT: 2. The respondent be restrained from, by itself its servants or agents: (a) reproducing or authorising the reproduction of the whole or a substantial part of any of the drawings of the floor plans of the houses referred to in paragraph 1 above (whether of the applicant's plans or the respondent's plans listed in paragraph 1); or (b) building or authorising the building of any of the houses referred to in paragraph 1 above or any house with the same floor plan, or a substantial part thereof, as any of those houses (whether of the applicant's plans or the respondent's plans listed in paragraph 1); or (c) advertising or offering for sale or opening to the public any exhibition or display home of any of the houses referred to in paragraph 1 above or any house with the same floor plan, or a substantial part thereof, as any of those houses in infringement of the applicant's said copyright, save for the completion of the Regal Royale house currently being constructed under contract for Mr D Dinic and Ms A Cako at Lot 1228 Whitsunday Circuit in Hinchinbrook in the State of New South Wales and the house contracted to be constructed for Mr & Mrs Ram, Lot 4154 Christabel Pl, Cecil Hills. 3. Within twenty eight (28) days of the giving of judgment on issues of pecuniary relief, the respondent deliver up to the applicant on oath all sketches, drawings, working drawings, master drawings, diagrams and brochures in its possession or control being reproductions of the whole or a substantial part of any of the floor plans referred to in paragraph 1 above. 4. The Cross-Claim be dismissed. 5. The respondent pay the applicant's costs of the proceedings (including the Cross-Claim) to date - including all reserved costs, if any. THE COURT DIRECTS: 6. The respondent file and serve an affidavit or affidavits by 13 September 1996 setting out in respect of the houses referred to in paragraph 1 above or any substantial reproduction thereof built by the respondent ("the houses"): (a) the total number of houses; (b) the location of each of the houses; (c) the contract price for the construction by the respondent of each of the houses; and (d) the costs to the respondent of the construction of the houses. 7. The applicant specify by letter to the respondent the classes of documents of which the applicant seeks discovery for the quantification of damages or an account of profits on or before 27 September 1996. 8. The proceedings stand over to 4 October 1996 at 9:30 am for further directions. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.