Copyright in Architect´s Plans

In Parramatta Design & Developments Pty Ltd & Anor v Concrete Pty Ltd [2005] FCAFC 138, joint venturers, including an architect, bought a site in 1998 for $560,000. The architect prepared plans for the joint venture for the development of a unit block on the site. The joint venture obtained development approval from local authority. The joint venturers fell out, resulting in trustees being appointed by a court to sell the site. It was purchased by Concrete Pty Ltd ("Concrete") at auction in 2003 for $2,760,000. The terms of sale made it clear that there was a dispute about the right to use the plans. Concrete wished to construct the development in accordance with the drawings before the approval expired. Its attempts to purchase the drawings were refused by the architect, who asserted ownership of copyright in the plans.