Farm Transparency International Limited v. The Game Meats Company of Australia Pty Ltd

Lower Court Judgment

13/08/2025 Federal Court of Australia Full Court (Burley, Jackman, Horan JJ)

[2025] FCAFC 104

Catchwords

Trusts – constructive trust – where the appellant owns copyright in video images created through trespass of land occupied by the respondent – where no pre-existing relationship between the parties – where subject matter of the images not confidential – where recording the images did not constitute a legal wrong – where general and exemplary damages awarded at first instance for loss resulting from publication of images – where Full Court additionally declared that the appellant held copyright in the images on trust for the respondent – whether a constructive trust available in the circumstances – whether Full Court erred by failing to consider whether damages an adequate remedy.