O'Brien v Komesaroff
150 CLR 31041 ALR 255
(Judgment by: Murphy J)
Between: O'Brien
And: Komesaroff
Judges:
Mason J
Murphy JAickin J
Wilson J
Brennan J
Subject References:
Practice and procedure
Partnership
Copyright
Breach of confidence
Judgment date: 21 May 1982
Judgment by:
Murphy J
The appeal and cross appeal should fail for the reasons given by Mason J.
The respondent sought equitable relief to protect copyright in legal documents used to promote his tax-avoidance schemes. The appellants conceded that the documents were literary works within the meaning of the Copyright Act 1968 (Cth), but I am far from satisfied that the concession was correct.
The appellants did not raise in the courts below or in this Court whether equitable relief should be extended to assist in anti-social activities. (See the legislative policy expressed in the Income Tax Assessment Act 1936 (Cth), s. 260, which was in force at the time.) I referred in Interstate Parcel Express Co. Pty. Ltd. v. Time-Life International (Nederlands) B.V. (1977) 138 CLR 534 , at pp 560-562 to the doctrine of clean hands which is applicable in the sphere of monopoly rights. (See Precision Instrument Manufacturing Co. v. Automotive Maintenance Machinery Co. (1945) 324 US 806, at p 814 (89 Law Ed 1381, at p 1386).) The appeal and cross appeal should be dismissed.