Federal Court Throws Out Metricon Appeal Against Porter Davis

The Federal Court of Australia has thrown out an appeal by Australia's third largest home buider Metricon Homes, against a ruling that found it copied part of a home design from rival Porter Davis.

Porter Davis Homes, the trade name for the Barrett Property Group, last October sued Metricon for copyright breaches relating to its use of an "alfresco quadrant" in some of its homes. The quadrant is an outdoor space bound by, and sharing a roof with a kitchen, meals area, rumpus room and family room.

Metricon immediately appealed the decision, but is now expected to be liable for damages to Porter Davis.

Metricon was forced to stop selling five homes: the Prada, Tyrell, Streeton, Connelly and Coburn while the case was being heard.

In February this year, Porter Davis recently launched a second round of legal action against Metricon for continuing to sell homes with an alfresco quadrant, but under new home names: Aspen, Ashton, Zenith and Jardine.

Porter Davis also recently celebrated a legal win against Carlisle Homes, which the court found also copied the "alfresco design". Another case against Dennis Family Homes is being heard.

The court found the alfresco quadrant was "a substantial part" of Porter Davis' designs, and was therefore worthy of copyright protection.

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