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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Karas v LK Law Pty Ltd [2023] FCAFC 15
CONFIDENTIAL INFORMATION – application for leave to appeal interlocutory decision – where appellant sought interlocutory injunction preventing the use of confidential information – where injunction refused on the basis that balance of convenience did not weigh in favour of relief – where iniquity alleged as answer to claim to confidentiality – whether there exists a…
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Austin Engineering Pty Ltd v Podulova [2023] FCA 419
PRACTICE AND PROCEDURE – intellectual property – alleged misuse of confidential and copyright information – orders sought for respondents to file and serve affidavits attesting to details of devices and networks which may contain applicant’s confidential information – consideration of principles governing Norwich Pharmacal orders – orders sought made Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0419For…
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Dreamstreet Lending Pty Ltd v Weiss (No 2) [2023] FCA 684
CONTRACT – contractual interpretation – breach of contract – services agreement between consultant and mortgage broking business – where applicant claimed consultant breached notice period clause – where applicant claimed consultant breached an exclusive service obligation – where applicant claimed consultant breached confidentiality obligations – where consultant made and retained various downloads of customer-related information…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0685
For more information, see the original judgement.
