Catchwords:

TRUSTS AND TRUSTEES – whether constructive trust should be imposed over copyright in video images obtained and created through trespass – discussion of legal principles – where circumstances involving invasion of legal or equitable rights of appellant – where inequitable and against good conscience for maker to assert ownership against appellant – where no pre-existing relationship between parties – where asset not previously owned by claimant – copyright in video images to be held on trust for appellant – appeal allowed

EQUITY – whether appellant entitled to injunctive relief restraining respondent from publishing video images obtained and created through trespass – where possession and use of images may be capable of ongoing damage – where constructive trust sufficient to address ongoing consequences of trespass

DAMAGES – cross-appeal on quantification of exemplary damages – whether damages manifestly excessive – cross-appeal dismissed