Burge v Swarbrick

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HEYDON AND CRENNAN JJBRENT BURGE & ORS   APPELLANTSANDJOHN HARLEY SWARBRICK   RESPONDENTBurge v Swarbrick[2007] HCA 1726 April 2007P24/2006ORDER1.Appeal allowed with costs.2.Set aside the orders of the Full Court of the Federal Court of Australia and in their place order that:(a)the appeal to that Court be allowed with costs; and (b)the orders made by Carr J on 24 June 2004 be set aside and in their place order that:(i)the respondent's application to the Federal Court be dismissed; and(ii)all questions respecting the cross-claims be stood over for determination by a judge of the Federal Court in conformity with the reasons of this Court; and(iii)the respondent pay the costs of the appellants of the proceedings before Carr J up to 7 July 2004, including any reserved costs and the costs of the two motions notice of which was filed on 12 September 2003 and 3 October 2003.On appeal from the Federal Court of AustraliaRepresentationJ J J Garnsey QC with R J L McCormack for the appellants (instructed by Stables Scott)D M Stone with T J Carmady for the respondent (instructed by Williams & Hughes)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDS  Burge v SwarbrickCopyright – Artistic works – Works of artistic craftsmanship – The respondent obtained an injunction against infringement by the appellants of the respondent's ownership of copyright in works constituted by a "plug" from which a mould for a yacht hull could...