Parramatta Design & Developments Pty Ltd v Concrete Pty Ltd [2005] FCAFC 138

Parramatta Design & Developments Pty Ltd v Concrete Pty Ltd [2005] FCAFC 138

There was no implied licence permitting Concrete Pty Ltd to use Parramatta Design’s drawings for construction, as the contract between the original parties did not contemplate such an assignable licence without consideration, and the sale to Concrete did not carry any such right. The court also found that the conduct of the trial below gave rise to a reasonable apprehension of bias, and thus the orders below should be set aside and the appeal allowed.

Jurisdiction
Australia
Judgment Date
29 July 2005
Procedural Posture
Appeal / On Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal allowed
Legal Topics
['copyright Infringement' "architect's Plans" 'implied Licence' 'unjustified Threats' 'apprehension of Bias']
['intellectual Property' 'civil Procedure'] ['copyright Infringement' "architect's Plans" 'implied Licence' 'unjustified Threats' 'apprehension of Bias']

Case Brief

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Procedural Posture

Appeal / On Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether an implied licence to use architectural drawings passes with land to a purchaser' 'Whether a threat of legal action was justified under s 202 of the Copyright Act 1968 (Cth)' 'Whether there was a reasonable apprehension of bias by the trial judge']

Ratio Decidendi

There was no implied licence permitting Concrete Pty Ltd to use Parramatta Design’s drawings for construction, as the contract between the original parties did not contemplate such an assignable licence without consideration, and the sale to Concrete did not carry any such right. The court also found that the conduct of the trial below gave rise to a reasonable apprehension of bias, and thus the orders below should be set aside and the appeal allowed.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'The declaration and orders made by the primary judge on 13 October 2004 be set aside.' 'The declaration and orders made by the primary judge on 12 November 2004 be set aside.' 'The appeal be otherwise stood over to Thursday 11 August 2005 at 9:45 am for further orders, including as to...