Barrett Property Group Pty Ltd v Dennis Family Homes Pty Ltd [2006] FCA 910

The burden of discovery in this case is not excessive and the cross-claimant should have access to all plans to properly define the issues relating to alleged copyright infringement.

Jurisdiction: Australia
Judgment Date: 17 May 2006
Procedural Posture: Notice of Motion Within Proceeding / Interlocutory (discovery and Inspection)
Outcome: Application for discovery and inspection granted
Legal Topics: ['copyright Infringement' 'discovery' 'inspection of Documents']

['intellectual Property' 'civil Procedure'] ['copyright Infringement' 'discovery' 'inspection of Documents']

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Procedural Posture

Notice of Motion Within Proceeding / Interlocutory (discovery and Inspection)

Legal Issues

1 ['Whether the cross-claimant is entitled to discovery and inspection of all building plans for certain house designs allegedly infringing copyright']

Ratio Decidendi

The burden of discovery in this case is not excessive and the cross-claimant should have access to all plans to properly define the issues relating to alleged copyright infringement.

Court Disposition

Application for discovery and inspection granted

Orders

['Cross-respondent to file and serve a verified supplementary list of documents including all relevant building plans by 7 June 2006' 'Cross-respondent to provide inspection of documents by 21 June 2006' 'Cross-respondent to pay costs of the motion']