Aged care company learns the hard way not to use Ita Buttrose's picture without paying for it

An aged care company's decision to use a photo of Ita Buttrose without paying for it has cost them dearly.

The Senior's Choice website ran the picture of Ms Buttrose without her permission and without paying her $75,000 photo fee, News Corp reports.

Ms Buttrose and her legal team told the Federal Circuit Court it sent out two letters "of offer" to the company and its director, Andrew Philpot, to settle out of court.

The first letter was sent out on April 24 and demanded payment of $25,000 by May 3.

The company told the court it was not given enough time to consider the offer and get legal advice, before a second letter was sent by Ms Buttrose on September 3.

This time the media stalwart was demanding payment of $50,000 by September 18.

Judge Daniel O'Dwyer told the court Ms Buttrose and her legal team have Senior's Living "adequate time" to "consider their position and obtain appropriate advice".

The company was ordered to pay Ms Buttrose's legal costs – and those incurred after the second letter at a higher rate.