We've all "borrowed" a milk crate, but few have borrowed one that stands 13.7 metres high.

A public art scandal is brewing with Melbourne artist Jarrad Kennedy claiming there are suspicious similarities between his 2005 McClelland prize entry Court and Hany Armanious' Pavilion, the dark blue mega crate that the City of Sydney announced yesterday was on its way to Belmore Park.

Kennedy, whose background includes short film, sculpture, painting and drawing, posted both works on Facebook on Tuesday, side-by-side, asking for advice and suggesting legal recourse might be in his sights.