Catchwords:

INTELLECTUAL PROPERTY – confidential information – challenge to finding that entire design drawing constituted confidential information – where contended that confidential information in drawing was owned by both parties by reason of finding of joint ownership of design – challenge to finding of obligation of confidence in circumstances where respondents failed to call certain witnesses – complaint that adverse inference from such failure was not drawn by primary judge

EQUITY – declaration that interest in registered design was held on constructive trust – whether remedy went beyond what was necessary to do justice in the circumstances

COPYRIGHT – challenge to decision to award additional damages for copyright infringement – where first appellant claimed to believe that he was the sole owner of the designs – where primary judge made unchallenged credit findings against appellant

CONSUMER LAW – challenge to findings of representations by silence – whether legitimate and reasonable expectation that representations would be made – where trial held on liability only – whether trial judge found damage to be established – whether entitlement to damages for breach of section 18 Australian Consumer Law

INTELLECTUAL PROPERTY – design – letter found not to be unjustified threat pursuant to section 77 Designs Act 2003 (Cth) – challenge to finding – challenge upheld – statutory construction

APPEALS – costs – application for leave to appeal from costs order in favour of third party – where law firm was the named party but the third party was in substance the party to the litigation – where proposed appeal has no merit – where Full Court would not have made different order to primary judge – leave refused