Gold Coast developer MG Homes sues rival Bos Property over claims townhouse designs copied
A Gold Coast developer is suing a rival for copyright breach, alleging a 128-lot Pimpama community under construction is substantially based on its own designs. The rival denies it.
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A Gold Coast residential developer has claimed in court a major rival has “substantially reproduced” its townhouse designs in breach of copyright.
It comes as the developer seeks to have construction on a townhouse development at Pimpama paused while a judge rules on the allegation.
Burleigh Heads-based MG Homes Pty Ltd, has recently commenced proceedings in the Federal Court of Australia against local developer Grocorp Homes Pty Ltd (a subsidiary of Bos Property), formwork contractor Bosform Pty Ltd, and architect Paul Ziukelis Pty Ltd.
The applicant MG Homes alleges the three respondents infringed on its copyright townhouse designs in respondents’ ongoing construction of The Mill Residences, a 128-lot development at Pimpama, court documents obtained by this masthead claim.
According to MG Homes, it engaged Red Door Architecture to author floor plans for two-level duplex townhouses for development including Pimpama’s The Crest Residences, Fairway Terraces, and Warwick Terraces, as well as Coomera’s The Ridge Residences, with those designs published online via various platforms.
It alleges Grocorp Homes purchased the land to develop The Mill Residences in 2015, with Bosform, on behalf of Grocorp (these two respondents are related entities both controlled by Isle of Capri builder Romolo Bos, 48), lodging a development application in 2017.
Initially, according to MG Homes, the plans for The Mill Residences were “not substantially similar” to its own plans.
MG Homes alleges on May 17, 2023, Paul Whincop and Cesare Bos, employees or agents of Grocorp Homes and/or Bosform, visited Warwick Terraces at Pimpama and “took photographs of the townhouses”.
“Mr Whincop spoke with residents and said words to the effect that he was a project manager of the estate’s buildings (when he was not) and that he was offering money to them in exchange for their views about the design of the buildings and living quality,” MG Homes alleges.
According to MG Homes, Grocorp Homes and Bosform then engaged architect Paul Ziukelis Architects to “substantially replicate the dimensions of the [MG Homes’] townhouses based upon the plans, including by obtaining the plans... from realestate.com.au and sending a copy of them to the architect”.
An amended DA for The Mill Residences was lodged in August 2023 that “copied and substantially reproduced the applicant’s floor plans,” resulting in increased yield and therefore profitability, MG Homes claims.
Whereas the original DA provided for 105 lots with 315 bedrooms in total, the amended DA included 128 lots with 384 bedrooms in total.
“Grocorp and Bosform have proceeded to construct townhouses on the land in accordance with the amended Mill plans and have refused to cease construction,” MG Homes states in its concise statement of claim.
“Grocorp and Bosform have marketed lots in The Mill Residences for sale.
“By copying and substantially reproducing [MG Homes’] plans to make the amended Mill plans, the yield for The Mill Residences development has and will increase.”
MG Homes alleges the copyright infringement was “deliberate with knowledge of copyright and in contumelious disregard of the copyright owners’ rights”.
MG Homes is seeking an injunction ordering Grocorp Homes and Bosform to cease construction of any allegedly infringing townhouses.
It further seeks damages, interest, costs, and for all copies of the allegedly infringing plans to be handed over.
The respondents are yet to file their defences.
In a statement provided to this masthead, a spokeswoman for Grocorp Homes and Bosform said they disputed the claims.
“[We] deny the allegations and will expand on our respective positions in the formal written defence,” she said.
Paul Ziukelis Architects was contacted for comment.
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