TORTS — trespass to property — defendants trespassed on plaintiff's farm at request of an office of Animal Liberation NSW to investigate conditions in which animals kept — video and photographs taken during the trespass — authorised only for use as material for a veterinarian report and police investigation — no adverse police findings against farm — entry unlawful
INTELLECTUAL PROPERTY — whether copyright subsists in victim over photographs and video film taken during the course of unlawful trespass — defendants' evidence was that there was no intention to publish or profit from or damage plaintiff's reputation through the material — premises mentioned in media by third party Animal Liberation NSW — whether copyright held on constructive trust for plaintiff — whether defendants can be ordered to deliver up film and negatives — whether principle that a trespasser should not enjoy the "fruits of their tort" applied — no intention by defendants to profit from film — no commercial loss or loss of goodwill by plaintiff — photograph and video had no intrinsic value — no basis for a constructive trust
INJUNCTIVE RELIEF — whether court could restrain trespass to the video/photographic "products" obtained during a trespass to land — unconscionability as a ground of relief in equity — whether breach of confidence — video film and photographs not in the nature of confidential information — common law damages adequate remedy — injunctive relief refused
DAMAGES — claim for general damages, special damages, aggravated damages and exemplary damages — no proof of loss or damage to property — nominal damages inappropriate — general damages vindicates plaintiff's right to exclusive occupation award of $15,000 general damages — exemplary and aggravated damages unnecessary in lieu of sabotage or aggravating circumstances — special damages awarded for costs arising from the natural and probable consequences of the trespass — cost of veterinary services check allowed
Case Details
Citation[2011] NSWSC 196
CourtNSWSC
JurisdictionNew South Wales
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