Injunctions – Trespass – Where appellant obtained images through completed trespass on respondent's premises – Where primary judge awarded damages but declined to grant injunction – Whether restorative mandatory injunction available to rectify consequences of appellant's trespass – Whether awards of damages adequate to reverse or prevent consequences of trespass – Extent of restraint necessary.
Trusts – Constructive trust – Where appellant trespassed on premises of respondent – Where appellant installed and removed hidden cameras to obtain footage for publication – Where Full Court of Federal Court declared that appellant held copyright in images on constructive trust for respondent – Where Full Court made ancillary orders including restraining publication and requiring deletion of images – Whether justice best served by more limited remedy.
Words and phrases – "ancillary orders", "auxiliary jurisdiction", "constructive trust", "constructive trustee", "copyright", "equitable discretion", "exemplary damages", "general damages", "inadequacy of damages", "injunction", "institutional constructive trust", "justice between the parties", "legal assignment", "pre-existing right", "public interest", "rectifying consequential effects", "remedial constructive trust", "remedial vehicle", "remedy", "restorative mandatory injunction", "resulting trust", "specific performance", "trespass", "unconscionable", "wrongful conduct".
Bankruptcy Act 1966 (Cth), s 116.
Copyright Act 1968 (Cth), ss 13, 15, 22, 86, 90, 98, 101, 115, 116, 196.
Federal Court of Australia Act 1976 (Cth), ss 5, 19, 21, 22, 23.
Privacy Act 1988 (Cth), Sch 2.