Bailey, J. v. Namol P/L [1994] FCA 733

Bailey, J. v. Namol P/L [1994] FCA 733

The appeal was dismissed because the Judge at first instance correctly applied the measure of damages for copyright infringement and breach of fiduciary duty, compensating for the loss of a substantial business opportunity and appropriately awarding additional damages for aggravated breach in accordance with s. 115(4) of the Copyright Act 1968.

Parties
Appellant: Joseph Bailey; Respondent: Namol Pty Limited
Jurisdiction
Australia
Judgment Date
14 October 1994
Procedural Posture
Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Compensatory Damages, Additional Damages Under Copyright Act, Fiduciary Duties, Equitable Compensation
Intellectual Property Equity Copyright Infringement Compensatory Damages Additional Damages Under Copyright Act Fiduciary Duties Equitable Compensation

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Parties

Joseph Bailey

Appellant

Namol Pty Limited

Respondent

Procedural Posture

Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 Proper measure of compensatory damages for copyright infringement
  2. 2 Whether award of additional damages under s. 115(4) Copyright Act was proper
  3. 3 Whether Mr Bailey breached his fiduciary duty in diverting a business opportunity

Ratio Decidendi

The appeal was dismissed because the Judge at first instance correctly applied the measure of damages for copyright infringement and breach of fiduciary duty, compensating for the loss of a substantial business opportunity and appropriately awarding additional damages for aggravated breach in accordance with s. 115(4) of the Copyright Act 1968.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the costs of the respondent.