Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fonterra Brands (Australia) Pty Ltd v Viropoulos [2013] FCA 657 Citation: Fonterra Brands (Australia) Pty Ltd v Viropoulos [2013] FCA 657
Parties: FONTERRA BRANDS (AUSTRALIA) PTY LTD (ACN 095 181 669) v NICHOLAS VIROPOULOS (AKA NIKOLAOS VIROPOULOS), FCD HOLDINGS PTY LTD (ACN 133 109 798), FRANK BRUZZANO PTY LMITED (ACN 133 109 798), FRANK BRUZZANO, M J LEONARD PTY LTD (ACN 106 693 565), MICHAEL JOHN LEONARD and NICK'S FOOD PTY LIMITED (ACN 143 305 168)
File number: VID 996 of 2011
Judge: ROBERTSON J
Date of judgment: 4 July 2013
Catchwords: PRACTICE AND PROCEDURE – application by applicant to restrain solicitors for first, second and seventh respondents from acting in the proceeding – whether breach of fiduciary duty of loyalty not to act against client or former client – inherent jurisdiction to control conduct of solicitors as officers of the court – whether misuse of confidential information PRACTICE AND PROCEDURE – application to amend pleadings – whether the material facts pleaded in relation to third, fourth, fifth and sixth respondents
Legislation: Fair Trading Act 1987 (NSW) s 42 Federal Court Rules 2011 (Cth) rr 16.02, 16.43 Trade Practices Act 1974 (Cth) ss 52, 75B
Cases cited: CH Real Estate Pty Ltd v Jainran Pty Ltd [2010] NSWCA 37 Geelong School Supplies Pty Ltd v Dean (2006) 237 ALR 612; [2006] FCA 1404 Grimwade v Meagher [1995] 1 VR 446 Ismail-Zai v State of Western Australia (2007) 34 WAR 379 Mintel International Group Limited v Mintel (Australia) Pty Ltd [2000] FCA 1410; (2000) 181 ALR 78 Photocure ASA v Queen's University at Kingston [2002] FCA 905 Re a firm of Solicitors [1992] 1 QB 959 Spincode Pty Ltd v Look Software Pty Ltd (2001) 4 VR 501 Village Roadshow Ltd v Blake Dawson Waldron [2003] VSC 505 Young Investments Group Pty Ltd v Mann [2012] FCAFC 107; 293 ALR 537 Yunghanns and Ors v Elfic Ltd (formerly known as Elders Finance and Investment Co Ltd) (Unreported, Supreme Court of Victoria, Gillard J, 3 July 1998)
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