Showcorp Pty Ltd v James Barton Ashcroft [2001] FCA 1396

FEDERAL COURT OF AUSTRALIA

Showcorp Pty Ltd v James Barton Ashcroft [2001] FCA 1396

EQUITY – application for interlocutory injunction – where claim that first respondent had breached fiduciary duties to applicant by wrongfully making use of confidential information acquired when applicant's employee – whether serious question to be tried test applicable and satisfied – whether balance of convenience favours granting interlocutory injunction – whether apparent strength of applicant's case relevant to determining balance of convenience – whether applicant's delay in seeking relief where without reasonable excuse relevant consideration in exercise of discretion to grant or refuse interlocutory injunction – whether delay prejudiced respondents – whether principle that respondent's assertion of prejudice be ignored when made to resist interlocutory injunction in proceeding in which applicant gave respondent notice of claim beforehand also operative where applicant did not give respondent such notice but respondent knew claim would probably be made. Trade Practices Commission v Santos Limited (1992) 38 FCR 382 followed Bullock v Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 followed Carlton and United Breweries (NSW) Pty Ltd v Bond Brewing New South Wales Ltd (1987) 76 ALR 633 followed Warman International Ltd v Envirotech Australia Pty Ltd (1986) 11 FCR 478 referred to Halliday & Nicholas v Corsiatto [2001] NSWCA 188 referred to Corrs Pavey Whiting & Byrne v Collector of Customs (Vic) (1987) 14 FCR 434 referred to Carlton and United Breweries (NSW) Pty Ltd v Bond Brewing New South Wales Ltd (1987) 16 FCR 351 referred to University Co-operative Bookshop Ltd v University of New South Wales (Branson J, 12 June 1997, unreported) referred to Bropho v Ball (Carr J, 1 February 1997, unreported) referred to Ingersoll-Rand (Aust) Ltd v Industrial Rollformers Pty Ltd [2000] NSWSC 177 considered SHOWCORP PTY LIMITED ACN 003 780 023 v JAMES BARTON ASHCROFT & AUGMENT COMMUNICATIONS PTY LIMITED ACN 055 670 767 & ABN 13 055 670 767 N 1334 of 2001 KATZ J 2 OCTOBER 2001 SYDNEY