INTELLECTUAL PROPERTY – whether information about extraction machine was confidential information owned by company where second respondent was former director – where machine had been identified by directors as suitable for proposed business prior to incorporation of company – where second respondent was informed about machine by third party on unrestricted basis – where evidence insufficient to establish that information was confidential information owned by company
CONTRACTS – construction – scope of confidentiality clause – whether extended to information about commercially available product – where contract contained restraint of trade clause which permitted return to industry after 12 months
INTELLECTUAL PROPERTY – account of profits sought against company which operated business using confidential information – where damages for loss of profits sought against other respondents in alternative – no objection taken to split election between remedies
DAMAGES – assessment of quantum of lost profits from sales which would have otherwise been made – discussion of factors to be considered in calculation of damages
CORPORATIONS ACT – claim that person was involved in contravention of s 183 of the Corporations Act 2001 (Cth) – claim for knowing assistance in breach of equitable and fiduciary duties – evidence insufficient to establish pleaded case – case advanced in closing submissions different to pleaded case – claim dismissed
COPYRIGHT – flagrant infringement of copyright – award of additional damages
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0106
For more information, see the original judgement.
