CORPORATIONS – whether first and second defendants contravened ss 182 and 183 of the Corporations Act 2001 (Cth) by misusing their position as employees by taking confidential information – whether third defendant was a person involved as an accessory in any contraventions – finding on the facts that no contraventions occurred
CONTRACT – whether original contract of employment applied to first defendant after each of two promotions – first defendant treated contract as continuing after first promotion to no objection from plaintiff – held that employment was not so profoundly different that original contract of employment no longer bound the first defendant
CONTRACT– plaintiff alleged breach of employment contract and implied duty of good faith by way of breach of confidence – allegation of taking and misusing confidential information pursuant to a scheme to set up a competing business – finding on facts that no scheme involved and no taking of confidential information
CONTRACT – post-employment restraint on second defendant in role of sales account manager – restraint for six months extending to “clients and prospective clients” including persons who were in negotiation with the plaintiff during the restraint period – restraint not limited to area of plaintiff’s business – held to be broader than necessary to protect plaintiff’s business and not able to be read down – restraint invalid – however no breach of restraint
Related cases about confidential information
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Canview Pty Ltd v Gilmore [2024] FCA 551
PRACTICE AND PROCEDURE – Application for interlocutory injunction – where the applicants contend that the respondent has misused confidential information and infringed copyright – where prima facie case established – whether balance of convenience favoured the grant of an injunction – where the form of interlocutory orders in contention – injunction granted
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Smart EV Solutions Pty Ltd v Guy [2023] FCA 1580
EQUITY – injunctions – confidential information – director / employee leaving companies in a corporate group and starting a new business in the same industry – evidence that some information taken – injunction granted CORPORATIONS – director and employee duties – misuse of confidential information in competing business – breach of duties under Corporations Act…
