NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Demlakian Engineers Pty Ltd v The Owners of Strata Plan 80453 [2014] NSWSC 401 Hearing dates: 25 March 2014; 26 March 2014 Decision date: 08 April 2014 Jurisdiction: Equity Division Before: Young AJA Decision: Judgment in favour of the plaintiff on the contractual claim. The defendant to pay $585.00 damages plus court interest. Judgment in favour of the defendant in respect of the copyright claim. Judgment in favour of the cross-defendant in respect of the misleading and deceptive conduct claim. No order for costs, save that the plaintiff should pay the defendant's costs of the copyright claim. Catchwords: CONTRACT - terms in attached printed form - terms inappropriate to contract in question - how contract construed
COPYRIGHT - what rights does customer have to use report of engineer it bespoke for possible litigation purposes Legislation Cited: Trade Practices Act 1974 (Cth) Copyright Act, 1966 (Cth) Cases Cited: Hyde & Skin Trading Pty Ltd v The Oceanic Meat Traders Ltd (1990) 20 NSWLR 31 Gloria Jean's Coffee v Western Export Services Inc. [2011] NSWCA 137 Glynn v Margetson & Co. [1893] AC 351 Beck v Montana Constructions Pty Ltd [1964-5] NSWR 229 Torpey Vander Have Pty Ltd v Mass Constructions Pty Ltd (2002) 55 IPR 542 Ng v Clyde Securities Pty Ltd [1976] 1 NSWLR 443 Gruzman Pty Ltd v Percy Marks Pty Ltd (1989) 99 FLR 116 Haxton v Equuscorp Pty Ltd (2010) 28 VR 499 Rowland v Divall [1923] 2 KB 500 Wimble, Son & Co v Lillico & Son (1922) 38 TLR 296. Bellotti v Chequers Development [1936] 1 All ER 89 Ogawa v Spender (2006) 152 FCR 228 Texts Cited: Lewison and Hughes, The Interpretation of Contracts in Australia (2012, Law Book Co, Sydney) Young, Croft and Smith on Equity (2009, Thomson Reuters) Category: Principal judgment Parties: Demlakian Engineers Pty Ltd (Plaintiff) The Owners (Defendant) Representation: Counsel: A. Di Francesco (Plaintiff) A. M. Gruzman (Defendant) Solicitors: Konstan Lawyers (Plaintiff) Di Lizo & Associates (Defendant) File Number(s): 2011/310085; 2012/00379744 Publication restriction: None
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