EMPLOYMENT – alleged breaches of employment contract by respondent – alleged breaches of equitable duty of confidence, fiduciary duties and statutory obligations under Corporations Act 2001 (Cth) ss 182 and 183 – where respondent resigned his employment – where 45 clients moved from the applicant to the respondent’s new employer – whether the respondent breached the employment contract or used the applicant’s confidential information to solicit the applicant’s clients – held: the respondent breached his employment contract – the respondent to pay damages
EVIDENCE – where applicant sought to rely on Microsoft Word table and file notes containing hearsay representations – whether Microsoft Word table and electronic diary notes were a “business record” – whether representations obtained for the purpose of conducting, or for or in contemplation of or in connection with, an Australian or overseas proceeding – Microsoft Word table rejected – electronic diary notes admitted
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1110
For more information, see the original judgement.
