Intellectual Property – Copyright - Infringement - Architect's drawings - Two companies formed a joint venture and purchased a development site - Director and shareholder of one of the companies in the joint venture also sole director and shareholder of architectural firm engaged as architect to prepare drawings for a development application - Consent received from local council for development in accordance with the drawings - Joint venturer's dispute - Site sold by trustees for sale - Purchaser of site on notice that architect sought to deny the purchaser's use of the drawings - Whether purchaser of site had an implied licence to use the drawings.
Courts and judicial system – Apprehension of bias - Exchange between bench and counsel - Questioning of witness by trial judge - Whether trial miscarried on the ground of apprehended bias.
Words and phrases "apprehended bias" – "implied licence", "joint venture"
Copyright Act 1968 (Cth) ss 10(1) – 202(1), 202(2).
Conveyancing Act 1919 (NSW) s 66G.
Environmental Planning and Assessment Act 1979 (NSW) ss 4(1) – 78A-81, 95.
Local Government Act 1993 (NSW) s 68.
Real Property Act 1900 (NSW).
Judgment date
Case number
S54/2006
Before
Gummow ACJ, Kirby, Hayne, Callinan, Crennan JJ
Catchwords