PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief – where urgent injunctive relief sought to restrain respondent from operating an ecommerce website – whether there is a prima facie case that favours injunctive relief – alleged breach of contractual restraint – alleged breach of contractual term not to use confidential information – misleading and deceptive conduct – passing off – whether balance of convenience favours injunctive relief – application for interlocutory relief dismissed
Related cases about breach of confidence
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Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd [2023] FCA 1463
PRACTICE AND PROCEDURE – application for interlocutory injunction – ex parte application – strong prima facie case of trade mark and copyright infringement, and breach of s 18 and s 29 of the Australian Consumer Law – First Respondent’s two websites use the applicants’ logos and other branded content, and falsely indicate the First Respondent…
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StarTrack Express Pty Ltd v TMA Australia Pty Ltd [2023] FCA 1271
PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief – where urgent injunctive relief sought to restrain respondent from operating an ecommerce website – whether there is a prima facie case that favours injunctive relief – alleged breach of contractual restraint – alleged breach of contractual term not to use confidential information – misleading…
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
CONTRACT – restraint of trade – confidentiality clause – admissions made of breaches of contract during hearing of trial in relation to competing business – certain relief granted at conclusion of trial CONSUMER LAW – admitted breaches of Australian Consumer Law – injunctions and corrective advertising ordered before final judgment in interests of consumers COPYRIGHT…
