Federal Court of Australia
CATCHWORDS INTELLECTUAL PROPERTY - Copyright - assignment - whether assignee can sue in respect of pre-assignment conduct - alleged equitable owner obtaining legal assignment after action brought - whether doctrine of estoppel can establish equitable title against third party. Copyright Act 1968 s 10 Property Law Act 1974 s 11 Taypar Pty Ltd v Santic (1989) 17 IPR 146 Wigan v Edwards (1973) 1 ALR 497 The Commonwealth of Australia v Verwayen (1990) 170 CLR 394 Cropper v Smith [1884] 26 Ch 700 DIXON PROJECTS PTY LTD v MASTERTON HOMES PTY LIMITED No. QG 16 of 1995 SPENDER J BRISBANE 31 JULY 1996
IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. QG 16 of 1995 GENERAL DIVISION ) BETWEEN : DIXON PROJECTS PTY LTD (ACN 010 828 172) Applicant AND : MASTERTON HOMES PTY LIMITED (ACN 002 873 047) Respondent AND : MASTERTON HOMES (NSW) PTY LIMITED (ACN 002 283 963) First Cross-Claimant AND : MASTERTON HOMES PTY LIMITED (ACN 002 873 047) Second Cross-Claimant AND : DIXON PR0JECTS PTY LTD (ACN 010 828 172) Cross Respondent CORAM: Spender J PLACE: Brisbane DATE: 31 July 1996 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The relief sought in the notice of motion filed by the respondent on 6 September 1995 is refused. 2. Leave is granted to join Raymond John Mc Donald Sweeney as a co-applicant. 3. The applicant has leave to amend its application and statement of claim as set out in annexures "A" and "B" to its notice of motion filed 26 October 1995. 4. The costs of the parties on the motion of Masterton Homes Pty Limited filed 6 September 1995 be the costs of those parties in the proceedings, and Dixon Projects Pty Ltd pay the costs of Masterton Homes Pty Limited of and incidental to the motion filed 26 October 1995, those costs to be taxed if not agreed. 5. Dixon Projects Pty Ltd pay any costs of Masterton Homes Pty Limited thrown away by the necessity to replead to the amended statement of claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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