Krueger Transport Equipment Pty Ltd v Glen Cameron Storage & Distribution Pty Ltd (No 2) [2008] FCA 1493

Krueger Transport Equipment Pty Ltd v Glen Cameron Storage & Distribution Pty Ltd (No 2) [2008] FCA 1493

Vawdrey could not rely on s 115(3) because the circumstances in which Camerons gave precise instructions late in the design process gave Vawdrey reasonable grounds to suspect that the design came from an external source, and Vawdrey made no reasonable inquiries; its later manufacture also occurred after notice of Krueger's concerns. Camerons and Vawdrey acted in concert in a single course of copyright infringement and were jointly and severally liable, subject to credit for the principal sum paid in settlement by Camerons. The appropriate compensatory measure was lost profits on the whole trailer, not merely the gates, because loss of the trailer contract was a foreseeable consequence of...

Jurisdiction
Australia
Judgment Date
09 October 2008
Procedural Posture
Copyright Infringement Damages Proceeding / Assessment of Pecuniary Relief After Liability Hearing; Final Orders Deferred
Outcome
Innocent infringement defence rejected; apportionment rejected; damages assessed in reasons, including lost profits, goodwill and additional damages, but final orders were not made pending short minutes.
Legal Topics
['innocent Infringement Defence' 'joint and Several Liability' 'apportionment and Settlement Credit' 'lost Profits' 'secondary Loss and Goodwill' 'mitigation Costs' 'additional Damages' 'indemnity Costs']
['copyright' 'damages' 'costs'] ['innocent Infringement Defence' 'joint and Several Liability' 'apportionment and Settlement Credit' 'lost Profits' 'secondary Loss and Goodwill' 'mitigation Costs' 'additional Damages' 'indemnity Costs']

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Procedural Posture

Copyright Infringement Damages Proceeding / Assessment of Pecuniary Relief After Liability Hearing; Final Orders Deferred

Legal Issues

  1. 1 ['Whether Vawdrey was an innocent infringer under s 115(3) of the Copyright Act 1968 (Cth).' 'Whether damages should be apportioned between Camerons and Vawdrey.' 'The nature and amount of damages payable by Vawdrey to Krueger, including compensatory damages, loss of goodwill, mitigation costs and additional damages.']

Ratio Decidendi

Vawdrey could not rely on s 115(3) because the circumstances in which Camerons gave precise instructions late in the design process gave Vawdrey reasonable grounds to suspect that the design came from an external source, and Vawdrey made no reasonable inquiries; its later manufacture also occurred after notice of Krueger's concerns. Camerons and Vawdrey acted in concert in a single course of copyright infringement and were jointly and severally liable, subject to credit for the principal sum paid in settlement by Camerons. The appropriate compensatory measure was lost profits on the whole trailer, not merely the gates, because loss of the trailer contract was a foreseeable consequence of...

Court Disposition

Innocent infringement defence rejected; apportionment rejected; damages assessed in reasons, including lost profits, goodwill and additional damages, but final orders were not made pending short minutes.

Orders

  • ['By 4:00pm on 20 October 2008, the parties confer and jointly file short minutes of final orders giving effect to these reasons for decision, including orders as to costs; provided that, if the parties are unable to agree, they are to submit a joint statement by 4:00pm on 20 October 2008 identifying: (1) the...