LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 1141

FEDERAL COURT OF AUSTRALIA

LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 1141 ACCOUNT OF PROFITS – infringement of copyright in floor plans for project homes – construction of houses in accordance with infringing floor plans – proper measure of account of profits – allowance for general overheads – whether infringer should be allowed deduction on basis of all its overheads or only part – whether infringer would have recouped all its overheads if it had not infringed – whether it would have devised alternative floor plans – whether interest on amount of profits should be calculated on simple or compound basis – whether interest received by infringer should be set off against overheads – whether rent above market rate paid by infringer should be allowed at amount paid or at market rate. PRACTICE AND PROCEDURE – whether respondent should be granted leave to re-open submissions in circumstances where failure to make submissions earlier due to inadvertence or oversight, issue in question was squarely raised by applicant, orders not yet made, submissions on other issues still being made, no further evidence required, and no prejudice to applicant. Federal Court of Australia Act 1976 (Cth) s 51A

Kettle Chip Co Pty Ltd v Apand Pty Ltd (No 2) (1998) 83 FCR 466 distinguished Apand Pty Ltd v Kettle Chip Co Pty Ltd (in liq) (1999) 162 ALR 505 distinguished Dart Industries Inc v Décor Corp Pty Ltd (1993) 179 CLR 101 applied ICI Chemicals & Polymers Ltd v The Lubrizol Corp Inc [1999] FCA 662 followed Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 applied Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] AC 669 followed Burdick v Garrick (1870) LR 5 Ch App 233 considered Wallersteiner v Moir (No 2) [1975] QB 373 considered Namol Pty Ltd v AW Baulderstone Pty Ltd (No 2) (1993) 47 FCR 388 considered Hagan v Waterhouse (1992) 34 NSWLR 308 considered LED BUILDERS PTY LIMITED v EAGLE HOMES PTY LIMITED NG 817 of 1993 NG 862 of 1994 LINDGREN J 19 AUGUST 1999 SYDNEY