FERNTREE HOMES PTY LTD V BOHAN  FCA 16
Federal Court of Australia (Full Court) – 18 January 2002
Ferntree sued Bohan for breach of copyright in building plans for a project home known as Golden Fern MK2.
The Bohans constructed a home on land in accordance with plans produced by Mr. Dean, an architectural draughtsman. The final structure was very similar in design to the Golden Fern design. The Bohans conceded that the Golden Fern plans were an original artistic work for the purposes of the Copyright Act and that there was copyright on those plans under the Act.
However, the Bohan’s and Mr. Dean denied that the plans were in any way derived from the plans for Golden Fern and argued that any similarities were coincidental.
Did Mr. Deans plans and the home constructed sufficiently resemble the plans for Golden Fern or a substantial part of those plans?
Was there the required causal link between Ferntree’s plans and Mr. Dean’s plans and the house constructed?