AON Risk Services Australia Limited v Duffy [2003] FCA 940

FEDERAL COURT OF AUSTRALIA

AON Risk Services Australia Limited v Duffy [2003] FCA 940

PRACTICE and PROCEDURE – strike out application – cause of action for unauthorised use of confidential information of business competitor arising in context of retainer of former employees or agents of that competitor – absence of pleading material facts giving rise to cause of action.

Copyright Act 1968 (Cth), ss 14(1)(a), 115(4) Federal Court Rules, Order 11 Rule 16(a) G E Dal Pont, Law of Agency, Butterworths, Australia, 2001 R P Meagher, J D Heydon, M J Leeming, Equity Doctrines and Remedies, 4th edn, Butterworths, Australia, 2002 Najjar v Haines & Ors (1991) 25 NSWLR 224 Permanent Trustee Australia Limited & Anor v FAI General Insurance Company Limited (In Liq) (2003) 197 ALR 364 Spotwire Pty Limited v Visa International Service Association Inc & Anor [2003] FCA 762 Trade Practices Commission v David Jones (Australia) Pty Ltd & Ors (1985) 7 FCR 109 Wright v Gasweld Pty Ltd (1991) 22 NSWLR 317 AON RISK SERVICES AUSTRALIA LIMITED v GAVIN DUFFY, TENET RISK SERVICES PTY LIMITED AND HEATH LAMBERT AUSTRALIA PTY LIMITED N 327 OF 2003 CONTI J 5 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 327 OF 2003

BETWEEN: AON RISK SERVICES AUSTRALIA LIMITED

APPLICANT

AND: GAVIN DUFFY

FIRST RESPONDENT

TENET RISK SERVICES PTY LIMITED

SECOND RESPONDENT

HEATH LAMBERT AUSTRALIA PTY LIMITED

THIRD RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 5 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The statement of claim filed herein on 19 March 2003 be struck out in relation to the third respondent Heath Lambert Australia Pty Limited. 2. The applicant be granted leave to file an amended statement of claim in relation to Heath Lambert within 28 days, or such longer period as AON can demonstrate should be the case. 3. The applicant to pay the third respondent's costs of the strike-out application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.