Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
COPYRIGHT - Copyright Act 1968 (Cth) - applicant owned copyright in architectural plans for project homes - respondent alleged to have infringed such copyright through the publication of advertisements and the building of homes - whether respondent reproduced a "substantial part" of the applicant's work - greater weight to be given to quality of what has been copied than to its quantity - difficulties of proof where work in question lacks marked originality. Copyright Act 1968 (Cth) ss 10, 13, 14, 21, 31, 32, 35, 36, 196
Ladbroke (Football) Ltd v William Hall (Football) Ltd [1964] 1 WLR 273, applied Interlego AG v Croner Trading Pty Limited (1992) 39 FCR 348, cited S W Hart & Co Proprietary Limited v Edwards Hot Water Systems (1985) 159 CLR 466, applied Ancher, Mortlock, Murray & Woolley Pty Ltd v Hooker Homes Pty Ltd [1971] 2 NSWLR 278, applied LED Builders Pty Ltd v Masterton Homes (NSW) Pty Ltd (1994) 30 IPR 447, cited Beck v Montana Contructions Pty Ltd [1964-5] NSWR 229, cited Lend Lease Homes Pty Ltd v Warrigal Homes Pty Ltd [1970] 3 NSWR 265, cited Collier Constructions Pty Ltd v Foskett Pty Ltd (1991) 20 IPR 666, cited Dixon Investments Pty Ltd v Hall (1990) 18 IPR 481; on appeal (1990) 18 IPR 490, cited University of London Press Limited v University Tutorial Press Limited [1916] 2 Ch 601, cited EAGLE HOMES PTY LIMITED v AUSTEC HOMES PTY LIMITED NG 355 of 1996 BRANSON J SYDNEY 1 DECEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY nG 355 of 1996
BETWEEN: EAGLE HOMES PTY LIMITED
Applicant
AND: AUSTEC HOMES PTY LIMITED
Respondent
JUDGE(S): BRANSON J
DATE OF ORDER: 1 DECEMBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed.
Note: Settlement and entry of orders is dealt with in order 36 of the Federal Court Rules.
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