SAI Global Property Division Pty Ltd v Johnstone [2016] FCA 1333

FEDERAL COURT OF AUSTRALIA

SAI Global Property Division Pty Ltd v Johnstone [2016] FCA 1333 File number: VID 897 of 2015

Judge: MOSHINSKY J

Date of judgment: 14 November 2016

Catchwords: INTELLECTUAL PROPERTY – confidential information – employee copied computer files with confidential information about customers onto USB device before resigning – employee made copies of files and accessed them after commencing work for a competitor – where employee admitted breaching confidentiality obligations in employment contract and statutory duties – form of declaratory and injunctive relief COPYRIGHT – computer files with data relating to customers – employee copied the computer files onto USB device before resigning – employee made copies of files and accessed them after commencing work for a competitor – employee admitted infringing the former employer's copyright in the computer files – whether to make order for additional damages under s 115(4) of the Copyright Act 1968 (Cth) CONTRACT – employment contract – employee resigned – period of employment ended two weeks later – employee commenced work for a competitor during the two week period – employer claimed damages in the amount of the salary paid to the employee for the two week period – whether employer suffered loss or damage COSTS – proportionality of costs to importance and complexity of the matters in dispute – where employer obtained ex parte orders for delivery up and affidavit against former employee suspected of copying confidential computer files – where former employee delivered up USB device and computer and essentially admitted all material facts early in the proceeding – whether the costs incurred by the employer were proportionate