Shepparton Partners Collective Operations Pty Ltd v QAD Inc [2021] FCAFC 206

Shepparton Partners Collective Operations Pty Ltd v QAD Inc [2021] FCAFC 206

SPC is bound by its concession at trial that the total of the transfer fee and maintenance fee constituted the appropriate measure of damages. It cannot raise new arguments challenging the inclusion or calculation of the maintenance fee on appeal. There was no error by the primary judge in adopting the approach advanced by SPC or in the assessment of additional damages, which are not strictly tied to the amount of compensatory damages. Therefore, the appeal must be dismissed.

Parties
Appellant: Shepparton Partners Collective Operations Pty Ltd; First Respondent: QAD Inc; Second Respondent: QAD Europe (Ireland) Ltd; Third Respondent: QAD Australia Pty Limited
Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Copyright, Damages, Copyright Infringement, Compensatory Damages, Additional Damages
Intellectual Property Copyright Damages Copyright Infringement Compensatory Damages Additional Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Shepparton Partners Collective Operations Pty Ltd

Appellant

QAD Inc

First Respondent

QAD Europe (Ireland) Ltd

Second Respondent

QAD Australia Pty Limited

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the primary judge erred in assessing compensatory damages under s 115(2) of the Copyright Act 1968 (Cth) by including the maintenance fee as part of QAD's loss
  2. 2 Whether compensatory damages should take into account only the net profit, not the gross sum, for the maintenance service
  3. 3 Whether, if compensatory damages are reduced, additional damages should be reduced accordingly

Ratio Decidendi

SPC is bound by its concession at trial that the total of the transfer fee and maintenance fee constituted the appropriate measure of damages. It cannot raise new arguments challenging the inclusion or calculation of the maintenance fee on appeal. There was no error by the primary judge in adopting the approach advanced by SPC or in the assessment of additional damages, which are not strictly tied to the amount of compensatory damages. Therefore, the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The respondents file and serve a proposed costs order with supporting submissions and evidence within 5 business days.