Gaunt v Hille

This is a Federal Court appeal from a decision of the Local Court of Western Australia in which a house designer, Mr Gregory Hille, and builder, Atrium Homes, succeeded in an action for copyright infringement of customised project home plans.

Atrium modified Mr Hille’s “Lakeview” house design for Mr Roger Gaunt who, before moving to Western Australia, gave power of attorney to his brother, Mr Richard Gaunt. The dispute arose when Mr Richard Gaunt provided the plans to Beaumonde Homes, a competitor of Atrium, who used the plans to build the house for Mr Roger Gaunt. The Magistrate found that Mr Roger Gaunt and Beaumonde infringed copyright in the plans, and awarded damages of $15,450 to Atrium and $1,500 to Mr Hille.

The Court held that it was open for the Magistrate to find, and the Court agreed, that Mr Richard Gaunt as agent for his brother had, with authority, colluded with Beaumonde to copy the plans.

The appellants failed in their arguments that Atrium’s ownership of copyright in the relevant drawings was not tested at trial and that the Magistrate erred in finding that the appellants infringed Mr Hille’s copyright.

Mr Roger Gaunt’s contention that Beaumonde indemnified him completely was dismissed; the Court upheld the Magistrate’s order that Beaumonde indemnify Mr Roger Gaunt for 50% of his liability for damages and costs.

However, the Court found that there was no agreement for the construction of the house by Atrium and held that the Magistrate had incorrectly awarded damages based on the loss of profit that would have been earned from building the house. Damages awarded to Atrium were reduced to $9,500.

To view the case, click here.