Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
APT Technology Pty Ltd v Aladesaye, In the matter of ATP Technology Pty Ltd [2014] FCA 966 Citation: APT Technology Pty Ltd v Aladesaye, In the matter of APT Technology Pty Ltd [2014] FCA 966
Parties: APT TECHNOLOGY PTY LTD (ACN 070 670 325) v MATTHEW ALADESAYE
File number: NSD 727 of 2014
Judge: FOSTER J
Date of judgment: 5 September 2014
Catchwords: EQUITY – confidential information – whether a former employee ought to be restrained on an interlocutory basis post-employment from dealing with the existing and former clients of his former employer in circumstances where he breached the contractual, equitable and statutory duties of confidence owed by him to his former employer by using his former employer's confidential information in order to compete with his former employer both during his employment and after that employment had terminated – whether "springboard" principle applies.
Legislation: Corporations Act 2001 (Cth); ss 182, 183
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Bailey & Associates v DBR Australia Pty Ltd [2013] FCA 1341 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Faccenda Chicken Ltd v Fowler (1985) 1 All ER 724 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2005] FCA 130 Samsung Electronics Company Pty Ltd v Apple Inc (2011) 217 FCR 238 Wilson Parking Australia 1992 Pty Ltd v Rush [2008] FCA 1601
Date of hearing: 25 August 2014
Date of last submissions: 2 September 2014
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