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ARTICLE · 20 FEBRUARY 2007

Copyright In Architectural Plans

DibbsBarker
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A recent High Court case confirmed that architectural plans forming part of a development consent may be used by the owner of a property, which has the benefit of a consent, even if it was not the architect’s client (<EM>Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd</EM> [2006] HCA 55 (6 December 2006)).

AustraliaIntellectual Property
Michael Sutton
Michael Sutton
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A recent High Court case confirmed that architectural plans forming part of a development consent may be used by the owner of a property, which has the benefit of a consent, even if it was not the architect’s client (Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd [2006] HCA 55 (6 December 2006)).

This case concerned the right of Concrete Pty Ltd ("Concrete") to use architectural plans designed by Parramatta Design and Developments Pty Ltd ("Parramatta Design").

The Facts

The sole director of the architectural firm Parramatta Design established a property development company, which embarked on a joint venture to develop a site at Nelson Bay. The joint venture agreed that Parramatta Design would perform the architectural services for the joint venture. Parramatta Design provided plans for an eight-unit development on the site for a fee of $27,000. Parramatta Design was paid for the plans.

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