A-One Accessory Imports Pty Ltd & Ors v Off Road Imports Pty Ltd & Ors [1996] FCA 362

A-One Accessory Imports Pty Ltd & Ors v Off Road Imports Pty Ltd & Ors [1996] FCA 362

The applicants, despite having included pirated material in their compilation, are still entitled to relief for infringement of copyright in the compilation as a whole. Public policy does not bar all relief, but equitable considerations may justify refusing certain forms of discretionary relief such as an injunction or account of profits. Damages are assessable for infringement based on the commercial loss caused, and there is no basis to strip all or most costs entitlements from the applicants who succeeded on primary issues, but partial costs reduction is warranted due to their failure on significant issues involving originality.

Jurisdiction
Australia
Judgment Date
09 May 1996
Procedural Posture
Copyright Infringement Proceedings / Post Judgment, Costs Determination After Answers to Separate Questions
Outcome
Applicants recover two thirds of their costs of and incidental to the hearing of the separate issues. Applicants to pay the second respondent Julie Robyn King's costs of and incidental to the proceedings, including the hearing of the separate questions, such costs to be taxed on a party and party basis.
Legal Topics
['copyright Infringement' 'compilations' 'remedies' 'damages' 'costs' 'equitable Relief' 'discretion in Granting Relief']
['intellectual Property Law' 'copyright'] ['copyright Infringement' 'compilations' 'remedies' 'damages' 'costs' 'equitable Relief' 'discretion in Granting Relief']

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Procedural Posture

Copyright Infringement Proceedings / Post Judgment, Costs Determination After Answers to Separate Questions

Legal Issues

  1. 1 ['Whether successful applicants should be denied costs due to partial infringement in their own work' 'Whether public policy prevents relief for a copyright owner whose work includes pirated and original material' 'Whether damages for infringement should be reduced because the copyright work is a compilation of pirated and original material' 'Relevance of equitable and common law rules in granting remedies for copyright infringement']

Ratio Decidendi

The applicants, despite having included pirated material in their compilation, are still entitled to relief for infringement of copyright in the compilation as a whole. Public policy does not bar all relief, but equitable considerations may justify refusing certain forms of discretionary relief such as an injunction or account of profits. Damages are assessable for infringement based on the commercial loss caused, and there is no basis to strip all or most costs entitlements from the applicants who succeeded on primary issues, but partial costs reduction is warranted due to their failure on significant issues involving originality.

Court Disposition

Applicants recover two thirds of their costs of and incidental to the hearing of the separate issues. Applicants to pay the second respondent Julie Robyn King's costs of and incidental to the proceedings, including the hearing of the separate questions, such costs to be taxed on a party and party basis.

Orders

  • ['The applicants recover two thirds of their costs of and incidental to the hearing of the separate issues.' "The applicants pay the second respondent Julie Robyn King's costs of and incidental to the proceedings, including the hearing of the separate questions."]