The Dempsey Group Pty Ltd v Spotlight Pty Ltd (No 2) [2019] FCA 238

The Dempsey Group Pty Ltd v Spotlight Pty Ltd (No 2) [2019] FCA 238

There is utility in making a declaration for copyright infringement in public interest and as permanent record, but the form needs revision. Compensatory damages for loss of profits should be calculated by applying the relevant discounts directly to the gross profit figure per agreed methodology, resulting in $35,112.76 awarded.

Parties
Applicant: The Dempsey Group Pty Ltd; Respondent: Spotlight Pty Ltd
Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Copyright Damages Claim / Post Judgment Orders and Calculation of Damages
Outcome
Orders made for damages, interest, and amended declaration; costs to be determined.
Legal Topics
Copyright, Damages, Declaratory Relief
Intellectual Property Copyright Damages Declaratory Relief

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Dempsey Group Pty Ltd

Applicant

Spotlight Pty Ltd

Respondent

Procedural Posture

Copyright Damages Claim / Post Judgment Orders and Calculation of Damages

Legal Issues

  1. 1 Whether declaratory relief should be granted for copyright infringement
  2. 2 Methodology for calculation of compensatory damages for loss of profits

Ratio Decidendi

There is utility in making a declaration for copyright infringement in public interest and as permanent record, but the form needs revision. Compensatory damages for loss of profits should be calculated by applying the relevant discounts directly to the gross profit figure per agreed methodology, resulting in $35,112.76 awarded.

Court Disposition

Orders made for damages, interest, and amended declaration; costs to be determined.

Orders

  • Applicant to provide amended proposed form of declaration by 8 March 2019.
  • Respondent to pay applicant $35,112.76 in compensatory damages for loss of profits by 15 March 2019.