SWF Hoists and Industrial Equipment Pty Ltd v Polli, Edward & Anor [1996] FCA 7

CATCHWORDS INJUNCTIONS - interlocutory injunction - delivery up of documents of former employer - employee allegedly acquiring information dishonestly during course of employment - employee leaving and forming company in competition with employer's business - nature of confidential information protected in equity - distinction between information obtained dishonestly and information necessarily gained by employee over a long period of employment - balance of convenience favours granting of restricted injunctive relief. Corrs Pavey Whiting and Byrne v The Collector of Customs (Vic) & Anor (1987) 14 FCR 434 Faccenda Chicken Ltd v Fowler & Ors [1987] 1 Ch 117 Wright v Gazwell Pty Ltd (1991) 22 NSWLR 317 Robb v Green [1895] 2 QB 1 Herbert Morris Limited v Saxleby [1916] 1 AC 688 C E Ellery Ltd v W Wairoa-Harrison and A B McCarthy (1987) 8 IPR 423 No SG 97 of 1995 SWF HOISTS AND INDUSTRIAL EQUIPMENT PTY LTD (ACN 005 209 898) v EDWARD POLLI and ROBERT POLLI Branson J Adelaide 5 January 1996

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 97 of 1995 ) GENERAL DIVISION ) BETWEEN: SWF HOISTS AND INDUSTRIAL EQUIPMENT PTY LTD (ACN 005 209 898) Applicant - and - EDWARD POLLI and ROBERT POLLI Respondents EXTEMPORE REASONS FOR DECISION CORAM: Branson J PLACE: Adelaide DATE: 5 January 1996 The applicant, by notice of motion dated 15 December 1995, seeks an interlocutory injunction restraining the respondents from using:- (a) the applicant's business records; (aa)the trade secrets or confidential information of the applicant contained in or referred to in the applicant's business records; and (b) any other property of the applicant in connection with the respondents' business.