Norm Engineering v Digga Australia (No. 2) [2007] FCA 860

Norm Engineering v Digga Australia (No. 2) [2007] FCA 860

The respondent infringed the applicant's copyright in specified engineering drawings by unauthorised reproduction, justifying declaratory relief, injunctive orders, delivery up, and awards of damages under s 115(2) and (4) of the Copyright Act 1968 (Cth).

Parties
Applicant: Norm Engineering Pty Ltd; Respondent: Digga Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
25 May 2007
Procedural Posture
Intellectual Property Final Orders / Post Judgment Final Orders
Outcome
Final orders made by consent; respondent found to have infringed copyright and ordered to pay damages, deliver up drawings, and restrained by injunction. Costs and interest questions reserved.
Legal Topics
Copyright Infringement, Damages, Final Orders, Injunctions
Intellectual Property Copyright Infringement Damages Final Orders Injunctions

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Parties

Norm Engineering Pty Ltd

Applicant

Digga Australia Pty Ltd

Respondent

Procedural Posture

Intellectual Property Final Orders / Post Judgment Final Orders

Legal Issues

  1. 1 Whether the respondent infringed the applicant's copyright in specified engineering drawings
  2. 2 What relief should be granted following the finding of copyright infringement

Ratio Decidendi

The respondent infringed the applicant's copyright in specified engineering drawings by unauthorised reproduction, justifying declaratory relief, injunctive orders, delivery up, and awards of damages under s 115(2) and (4) of the Copyright Act 1968 (Cth).

Court Disposition

Final orders made by consent; respondent found to have infringed copyright and ordered to pay damages, deliver up drawings, and restrained by injunction. Costs and interest questions reserved.

Orders

  • Declaration of copyright infringement in applicant's drawings
  • Injunction restraining further infringement