Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
APT Technology Pty Ltd v Aladesaye; In the Matter of APT Technology Pty Ltd (No 2) [2016] FCA 203 File number: NSD 727 of 2014
Judge: FOSTER J
Date of judgment: 4 March 2016
Catchwords: CONTRACT – corporations, damages, equity and intellectual property – whether the defendant breached express and implied terms of his employment contract prohibiting him from conducting business on his own account in competition with the plaintiff and from using the plaintiff's confidential information for his own benefit – whether, in addition, the defendant breached fiduciary, equitable and statutory duties by conducting business on his own account in competition with the plaintiff, by failing to devote himself full-time to the plaintiff's business and by exploiting the plaintiff's confidential information for his own benefit – whether the defendant breached the plaintiff's alleged copyright in certain templates and reports – whether the plaintiff established any entitlement to damages – whether the plaintiff was entitled to a springboard injunction covering a period longer than eight months after the termination of the defendant's employment with the plaintiff
Legislation: Copyright Act 1968 (Cth), s 115 Corporations Act 2001 (Cth), ss 182, 183
Cases cited: APT Technology Pty Ltd v Aladesaye, In the Matter of APT Technology [2014] FCA 966, (2014) 66 AILR 102-274 Del Casale v Artedomus (Aust) Pty Ltd (2007) 165 IR 148
Date of hearing: 6 February 2015
Date of last submissions: 27 February 2015
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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