The federal court has thrown out an appeal by Australia’s third largest home builder, Metricon, which was recently judged to have copied a design from rival Porter Davis.
The latter, which goes by the trade name Barrett Property Group, last October took action for copyright breaches related to an “alfresco quadrant” – an outdoor space sharing a roof with a kitchen, dining, rumpus and living room.
Metricon immediately appealed its loss.
Following the latest federal court decision however, it is expected to be ordered to pay costs.
In February, Porter Davis launched another round of legal action against its rival – claiming it continued to sell houses with the design feature, but under new names: Aspen, Ashton, Zenith and Jardine.
Porter Davis has also chased Carlisle Homes for copying the alfresco quadrant.
Another case, against Dennis Family Homes, needs to be heard.
In making last year’s Metricon verdict, the court said the alfresco quadrant was “a substantial part” of Porter Davis’ design and was therefore worthy of copyright protection.