Medallion Homes Pty Ltd v Lares Homes Pty Ltd [2016] FCA 12

FEDERAL COURT OF AUSTRALIA

Medallion Homes Pty Ltd v Lares Homes Pty Ltd [2016] FCA 12 File number: SAD 453 of 2015

Judge: BESANKO J

Date of judgment: 22 January 2016

Catchwords: PRACTICE AND PROCEDURE – application for an interlocutory injunction restraining the reproduction of house plans by the respondent – where the applicant alleged that the respondents had copied its house plans in infringement of the applicant's copyright in the plans – where the applicant alleged that the respondents represented that the plans were original works – whether the applicant had made out a prima facie case – whether the balance of convenience weighed in favour of the injunction. Held: Application dismissed.

Legislation: Australian Consumer Law (Schedule 2 to the Australian Competition and Consumer Act 2010) (Cth) Copyright Act 1968 (Cth) s 35 Corporations Act 2001 (Cth)

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Barrett Property Group Pty Ltd v Carlisle Homes Pty Ltd [2008] FCA 375 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 Dixon Investments Pty Ltd v Hall (1990) 18 IPR 481 Eagle Homes Pty Ltd v Austec Homes Pty Ltd (1999) 87 FCR 415 LED Builders Pty Ltd v Masterton Homes and Others (NSW) Pty Ltd (1994) 30 IPR 447 Samsung Electronics Company Ltd v Apple Inc & Another (2011) 217 FCR 238 SW Hart & Co Pty Ltd v Edwards Hot Water Systems (1985) 159 CLR 466 Tamawood Ltd v Habitare Developments Pty Ltd (2015) 112 IPR 439 Tamawood Limited v Henley Arch Pty Ltd [2004] FCAFC 78