The Federal Court granted summary judgment to the Aga Khan, holding that Tajdin and Jiwa infringed his copyright in certain literary works. A permanent injunction and other remedies were granted. The Federal Court decision can be found here. Tajdin and Jiwa appealed to the Federal Court of Appeal and the Federal Court of Appeal upheld the earlier ruling.
The only issue between the parties was whether the Aga Khan gave his consent to the copying. The Court of Appeal reviewed the relevant facts and then considered whether consent was either expressed or implied. The Court of Appeal held that for consent to be implied, the test is objective. The Court then concluded there are no facts capable of constituting consent. Thus, one can only infer that the publication was done without consent. Furthermore, the Court held that there was an insufficient factual basis to conclude the existence of a genuine issue regarding the defence of laches as an acquiescence
