The plaintiff, a project builder, claimed damages for breach of copyright which it claimed subsisted in its plans and drawings of a residential home.
At issue was whether copyright subsisted in the plans, whether the production of subsequent plans and a house built in accordance with them amounted to an infringement of copyright, whether the plaintiff was entitled to damages for loss of opportunity and additional damages under s 115(4) of the Copyright Act 1968 (Cth).
The Court found that the plaintiff’s copyright had been infringed and ordered the second defendants pay nominal damages of AUD500 pursuant to s 115(2) of the Copyright Act 1968 (Cth).
Rachel De Luchi appeared for the second defendants, instructed by Robinson Locke Litigation Lawyers.
The judgment is published here.