Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 2

FEDERAL COURT OF AUSTRALIA

Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 2

EMPLOYMENT LAW – duties of employee – where second respondent former employee of appellant and bound by confidentiality agreement with appellant – where second respondent while employed by appellant provided first respondent with information regarding potential "business plans" in anticipation of his employment by first respondent – whether information confidential – whether provision of information a breach of fiduciary duty or s 182 of Corporations Act 2001 (Cth) – where second respondent after cessation of employment with appellant disclosed to third party the name of one of appellant's suppliers – whether supplier's name confidential – whether disclosure a breach of confidentiality agreement, second respondent's fiduciary duty or s 183 of Corporations Act 2001 (Cth) – consideration of scope of ss 182 and 183 of Corporations Act 2001 (Cth). DAMAGES – copyright infringement – where additional damages awarded to appellant pursuant to s 115(4) of Copyright Act 1968 (Cth) – whether award inadequate on basis that insufficient weight given to need to deter second respondent and ex‑employees generally. COSTS – where separate order made as to parties' costs in respect of their submissions as to costs – whether error in exercise of discretion by trial judge. Corporations Act 2001 (Cth) ss 182 and 183 Copyright Act 1968 (Cth) s 115(4) Coco v AN Clark (Engineers) Ltd [1969] RPC 41 cited Forkserve Pty Ltd v Pacchiarotta (2000) 50 IPR 74 followed House v The King (1936) 55 CLR 499 applied Independent Management Resources Pty Ltd v Brown [1987] VR 605 considered Planet Fisheries Pty Ltd v La Rosa (1968) 119 CLR 118 applied Printers & Finishers Ltd v Holloway [1965] 1 WLR 1 cited R v Hunt; Ex parte Sean Investments Pty Ltd (1979) 180 CLR 322 cited Robb v Green [1895] 2 QB 315 cited Rosetex Company Pty Ltd v Licata (1994) 12 ACSR 779 followed Wessex Dairies Ltd v Smith [1935] 2 KB 80 cited