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

FEDERAL COURT OF AUSTRALIA

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

Parties: DIGITAL CINEMA NETWORK PTY LTD (ACN 132 404 481) v OMNILAB MEDIA PTY LIMITED (ACN 002 585 391), OMNILAB MEDIA CINEMA SERVICES PTY LTD (ACN 145 363 855) and MICHAEL GEOFFREY SMITH; OMNILAB MEDIA PTY LIMITED (ACN 002 585 391) and OMNILAB MEDIA CINEMA SERVICES PTY LTD (ACN 145 363 855); MICHAEL GEOFFREY SMITH

File number: VID 813 of 2010

Judge: GORDON J

Date of judgment: 16 May 2011

Catchwords: CORPORATIONS – directors – fiduciary and statutory directors' duties – whether company director breached his duties by substantially aiding a competitor – secret commissions – accessorial liability – relevant principles – whether first and second respondents were knowingly involved in the third respondent's contraventions of the Corporations Act 2001 (Cth) – whether first and second respondents knowingly assisted the third respondent with his breaches of fiduciary duties – whether 'lost opportunity' relevant – Corporations Act 2001 (Cth) ss 180, 181, 182, 183 TRADE PRACTICES – misleading or deceptive conduct – incorporation of new corporate entity – whether name of new corporate entity is misleading or deceptive – mere 'confusion' or 'wonderment' insufficient – Trade Practices Act 1974 (Cth) ss 52, 82 RELIEF – injunction

Legislation: Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Trade Practices Act 1974 (Cth) Wrongs Act 1958 (Vic)