Omnilab Media Pty Limited v Digital Cinema Network Pty Ltd [2011] FCAFC 166

FEDERAL COURT OF AUSTRALIA

Omnilab Media Pty Limited v Digital Cinema Network Pty Ltd [2011] FCAFC 166 Citation: Omnilab Media Pty Limited v Digital Cinema Network Pty Ltd [2011] FCAFC 166

Appeal from: Digital Cinema Network Pty Ltd v Omnilab Media Pty Limited (No 2) [2011] FCA 509

Parties: OMNILAB MEDIA PTY LIMITED ACN 002 585 391 and OMNILAB MEDIA CINEMA SERVICES PTY LTD ACN 145 363 855 v DIGITAL CINEMA NETWORK PTY LTD MICHAEL GEOFFREY SMITH v DIGITAL CINEMA NETWORK PTY LTD, OMNILAB MEDIA CINEMA SERVICES PTY LTD ACN 145 363 855 and OMNILAB MEDIA PTY LIMITED ACN 002 585 391

File number(s): VID 535 of 2011 VID 625 of 2011

Judges: JACOBSON, RARES AND BESANKO JJ

Date of judgment: 19 December 2011

Catchwords: CORPORATIONS – directors – fiduciary and statutory duties owed by directors to company – whether director breached his duties to company by disclosing particular information to rival company – whether director breached his duties to company by diverting a business opportunity to a rival company – whether finding of dishonest and fraudulent breaches on the part of the director open to primary judge CORPORATIONS – accessorial liability – whether rival companies were knowingly involved in the director's breaches of fiduciary and statutory duties – whether rival company knowingly assisted the third respondent with his breaches of fiduciary duties – whether knowing involvement in breach negated by inability to pursue opportunity

Legislation: Corporations Act 2001 (Cth), ss 79, 180, 181, 182, 183 and 184. Wrongs Act 1958 (Vic), s 24