CONTRACTS — interlocutory application by the plaintiff seeking injunctive relief against the defendant, a former employee — where defendant had established her own business and admitted to soliciting the plaintiff’s clients — where the defendant’s employment agreement included post-employment restraint of trade clauses — whether contractual obligations survived the termination of the employment agreement in circumstances where the defendant alleged that the plaintiff had repudiated the agreement — enforceability of restraint of trade clauses — balance of convenience — insufficiently strong prima facie case to justify interlocutory relief beyond undertakings offered by the defendant — orders sought by the plaintiff imprecise and uncertain — subject to undertakings to the Court by the defendant, interlocutory application refused
EQUITY — confidential information — where plaintiff alleged that defendant had retained and made use of confidential information gained during the course of her employment — where plaintiff sought injunction to enforce equitable, statutory and contractual obligations of confidence — insufficiently strong prima facie case to justify interlocutory relief beyond undertakings offered by the defendant — orders sought by the plaintiff were imprecise and uncertain — injunction refused
EQUITY — whether plaintiff should be denied relief due to unclean hands — equitable principle does not apply
TORTS — where plaintiff sought orders to prevent defendant from inducing clients to breach their contracts of engagement of the plaintiff — insufficiently strong prima facie case to justify interlocutory relief — injunction refused
Recent cases about breach of confidence
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The Game Meats Company of Australia v Farm Transparency International Ltd [2024] FCA 1455
TORT – trespass – injurious falsehood – applicant seeks permanent injunctive relief to restrain respondent from publishing video images obtained as a result of trespasses – where applicant operates a commercial abattoir – where respondent is an animal rights organisation – where relevant video images portray scenes from within abattoir – where respondent made initial…
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Next Generation Advice Pty Ltd (in liq) v Doumani [2024] FCA 1129
INJUNCTION – application for continuation of interim orders made on 13 September 2024 restraining respondents from soliciting applicants’ clients and staff, misusing the applicants’ confidential information, and general involvement in any business competitive with the applicants’ business – whether the applicant can establish it has a prima facie case and the balance of convenience favours…
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Light & Wonder, Inc v Aristocrat Technologies Australia Pty Limited [2024] FCA 870
PRACTICE AND PROCEDURE – preliminary discovery – application for leave to appeal – where prospective proceedings concern misuse of confidential information and copyright infringement – where related proceedings commenced by prospective applicant in the United States – application dismissed Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0870For more information, see the original judgement.
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0685
For more information, see the original judgement.
