This was a decision on appeal to the Full Court from the Federal
Court of Australia and heard before Greenwood, Jaggot and Murphy
JJ. Judgment was handed down on 18 May 2015.
The Appeal was a complex combination of nine issues for
determination by the Court including issues of copyright
infringement, indirect copying, authorisation, innocent infringer
liability, costs, and additional damages. Apart from these issues,
another important issue was that of authority under licence to use
constructions plans prepared by a party which the Judgment of
Jaggot and Murphy considered. It is with this issue that this
article deals.
BACKGROUND FACTS
The dispute in this matter arose out of a construction project
originally planned between Tamawood Limited a company involved in
producing plans for low-cost project housing ('Tamawood')
and Habitare Developments Pty Ltd a company involved in the
construction of low-cost intensive housing
('Habitare').
