Bulurru Australia v Oliver [2000] NSWSC 580

Bulurru Australia v Oliver [2000] NSWSC 580

Bulurru infringed Mr Oliver's copyright in the designs Barramundi Hunting, Kangaroo Tracking, and Jabiru and Dancers by reproducing a substantial part of those works after the previous proceedings; prior judicial decisions did not bar the current claim insofar as post-judgment infringements are concerned. The artistic similarities, evidence of copying, and the failure of defences of res judicata and issue estoppel supported the finding of infringement.

Parties
Plaintiff/cross Defendant: Bulurru Australia Pty Limited; Defendant/cross Claimant: Dale James Oliver
Jurisdiction
Australia
Judgment Date
28 June 2000
Procedural Posture
Equity Proceeding / Judgment After Trial
Outcome
Judgment for the cross-claimant (Mr Oliver) as to infringement of copyright in specified works, with consequential orders for further submissions regarding relief and costs.
Legal Topics
Aboriginal Art Copyright, Copyright Infringement, Res Judicata, Issue Estoppel
Copyright Aboriginal Art Copyright Copyright Infringement Res Judicata Issue Estoppel

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Parties

Bulurru Australia Pty Limited

Plaintiff/cross Defendant

Dale James Oliver

Defendant/cross Claimant

Procedural Posture

Equity Proceeding / Judgment After Trial

Legal Issues

  1. 1 Whether Bulurru's designs reproduced Mr Oliver's designs or a substantial part thereof in breach of copyright
  2. 2 Whether the claim is precluded by res judicata or issue estoppel

Ratio Decidendi

Bulurru infringed Mr Oliver's copyright in the designs Barramundi Hunting, Kangaroo Tracking, and Jabiru and Dancers by reproducing a substantial part of those works after the previous proceedings; prior judicial decisions did not bar the current claim insofar as post-judgment infringements are concerned. The artistic similarities, evidence of copying, and the failure of defences of res judicata and issue estoppel supported the finding of infringement.

Court Disposition

Judgment for the cross-claimant (Mr Oliver) as to infringement of copyright in specified works, with consequential orders for further submissions regarding relief and costs.

Orders

  • Counsel for Mr Oliver to bring in short minutes of proposed orders (including damages/account of profits and costs) within seven days.
  • Counsel for Bulurru to respond within a further seven days.