Final decision in project homes case - Metricon Homes Pty Ltd, Ross Palazzesi and Adrian Graham Popple v Barrett Property Group Pty Ltd and SRS Property Holdings Pty Ltd [2008] FCAFC 46

Marina Lloyd Jones, Senior Associate of Allens Arthur Robinson report on Metricon Homes Pty Ltd, Ross Palazzesi and Adrian Graham Popple v Barrett Property Group Pty Ltd and SRS Property Holdings Pty Ltd [2008] FCAFC 46. In April, the Full Federal Court rejected the appeal by a Victorian project homes builder in Metricon Homes Pty Ltd v Barrett Property Group Pty Ltd, a case concerning copyright in plans of project homes and houses built to their design. At first instance, Justice Gilmour had found that the alfresco quadrant feature of Barrett’s ‘Seattle’ and ‘Memphis’ homes, being the arrangement of the rumpus, family, kitchen and meal areas around the alfresco, all under a single roof line, constituted a substantial part of the copyright works and had been copied by Metricon.

The appeal was by way of a rehearing on the evidence adduced before the primary judge, with the Full Court only to depart from Justice Gilmour’s findings if they were found to be erroneous in principle, or plainly and obviously wrong. The Full Court rejected each criticism of his Honour’s findings in full.

Final decision in project homes case


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