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 2001 (Cth) ss 181, 182 and 183 – injunction granted to restrain use of confidential information
Related cases – breach of confidence
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Fortrend Securities Pty Ltd v Wollermann (No 2) [2025] FCA 96
CORPORATIONS – alleged breaches of equitable duty of confidence, fiduciary duties and statutory obligations by former employee – where clients moved from applicants to the respondents’ new employer – whether respondents breached the employment contract or used confidential information to solicit former clients – whether new employer liable as an accessory or for inducing breach…
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Pilatus Training Solutions Australia Pty Ltd v Secure & Innovate Group Pty Ltd [2024] FCA 1294
DISCOVERY – application for preliminary discovery – where documents sought to determine whether to commence proceedings for copyright infringement and breach of confidence – whether anticipated copyright claim would be defeated by s 183 of the Copyright Act (Cth) – whether confidential information adequately defined Related cases on preliminary discovery Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1294For…
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Hix Investment Pty Ltd v Wong [2024] FCA 1461
PRACTICE AND PROCEDURE – application for interlocutory injunction restraining the reproduction of plans and 3D images of portable homes products – where the applicant alleges the respondents copied the plans and 3D images in the portable homes products in infringement of the applicant’s copyright – former employee’s fiduciary and contractual obligations – misuse of confidential…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1580
For more information, see the original judgement.
