Federal Court of Australia
JUDGE: 3. AIF 7 88
CATCHWORDS
INJUNCTION - interlocutory injunction - no serious question to be tried.
EQUITY - breach of confidence - applicant developing idea for television game show - disclosure to respondent of idea ~ decision by respondent not to proceed with applicant's idea and to adopt allegedly different concept ~ necessity for applicant to identify clearly coincidence between information supplied and material allegedly in breach.
EQUITY - damages - Lord Cairns' Act provisions no basis for damages for disclosure of confidential information - Talbot v General Television Corporation Pty. Ltd. [1980] VR 224 disapproved.
CONTRACT ~ negotiations for production of game show - whether, 1f£ contract existed, negative stipulation could be implied - no claim for restitution - programme in any event not bearing sufficient resemblance to proposed programme to breach termif implied.
TRADE PRACTICES - statements as to future conduct allegedly made in negotiations - necessity to assess statements in context - knowledge of falsity or recklessness not shown.
Talbot v General Television Corporation Pty. Ltd. [1980] VR 224
O'Brien v Komesarofft (1981) 150 CLR 310
Moorgate Tobacco Co. Ltd. v Philip Morris Ltd. [No. 2] (1984) CLR
Sabemo Pty. Ltd. v North Sydney Municipal Council [1977] 2
NSWLR
British Steel Corp. v Cleveland Bridge & Engineering Co. Ltd. [ige4] I All ER
Fraser v Thames Television [1984] QB 44 Codelfa Construction Pty. Lrd. v State Rail Authority of NSW (1982) 149 CLR 337
Castlemaine Tooheys Ltd. v Carlton & United Brewers d. ( 7 NSWLR 468
eete BOLT,
Fappas v Soulac (1983) 50 ALR 231
Bl Acceptance Corporation Ltd. v GWA Ltd. (1983) 50 ALR 242 Global Sportsman Ltd. v Mirror Newspapers Ltd. (1984) 2 FCR 82 McLean v Burns Philp Trustee Co. azo (1985) 2 NSWLR 623 Hawthorn Football Club v Harding [1968] vR 49
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