Ian D McDonald Homes Pty Ltd v Priestly, David & Ors [1996] FCA 780

LIMITED DISTRIBUTION

CATCHWORDS COPYRIGHT - Architects' plans - whether infringement Copyright Act 1968, s.115 IAN D McDONALD HOMES PTY LIMITED v DAVID PRIESTLEY & ORS. No. G 016 of 1995 BEAUMONT J. 30 AUGUST 1996 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 016 of 1995 ) GENERAL DIVISION )

BETWEEN: IAN D McDONALD HOMES PTY LIMITED Applicant AND DAVID PRIESTLEY and JANICE PRIESTLEY First respondents RUSSELL SCOTT Second respondent LOWERY HOMES PTY LIMITED Third respondent

CORAM: Beaumont J. PLACE: Sydney DATE: 30 August 1996

MINUTES OF ORDER THE COURT ORDERS:

1. Declare that the respondents' plans of the "Baltimore" design, prepared by the second respondent on the instructions of the third respondent at the request of the first respondents, and described in paras. 8 and 9 of the statement of claim, substantially reproduced the applicant's plans of the "Barrenjoey" design, described in para.3 of the statement of claim. 2. Declare that, accordingly, the second and third respondents have infringed the applicant's copyright, and that the first respondents have authorised that infringement. 3. Order that the second and third respondents be restrained from further printing, copying, publishing, selling, supplying or otherwise disposing of their plans, described in paras. 8 and 9 of the statement of claim, containing the facade of the applicant's "Barrenjoey" design described in para.3 of the statement of claim. 4. Order that the respondents pay the applicant's costs to date.

2.

5. Reserve liberty to the applicant to apply, if so advised, for further relief on giving the respondents' solicitors 28 days' notice in writing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 016 of 1995 ) GENERAL DIVISION )