Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DH Appointments South Australia Pty Ltd v Jackson [2020] FCA 866 File number: NSD 278 of 2020
Judge: THAWLEY J
Date of judgment: 18 June 2020
Catchwords: CORPORATIONS – improper use of information obtained through employment – injunction granted CONTRACTS – breach of employment agreement – unauthorised use of confidential information – injunction granted EQUITY – restraint of unauthorised use of confidential information – injunction granted
Legislation: Corporations Act 2001 (Cth) ss 183, 1324 Federal Court Rules 2011 (Cth) r 10.23
Cases cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Coco v A N Clark (Engineers) Ltd [1969] RPC 41
Date of hearing: 18 June 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 22
Counsel for the Applicant: Mr A Cheshire SC
Solicitor for the Applicant: Mills Oakley
Counsel for the Respondent: Respondent did not appear
ORDERS NSD 278 of 2020
BETWEEN: DH APPOINTMENTS SOUTH AUSTRALIA PTY LTD Applicant
AND: ADRIANNA JACKSON Respondent
JUDGE: THAWLEY J DATE OF ORDER: 18 JUNE 2020
THE COURT ORDERS THAT:
1. The respondent, whether by herself, her servants or agents: (a) be restrained from using, disseminating, divulging or disclosing to any person or giving access thereto to any person; and (b) destroy, delete or erase all information in her possession, custody or control (in whatever form and including any copies) obtained or derived by accessing, viewing, extracting, copying and/or downloading data from: (i) the email account "robert.warner@dhappointmentsaustralia.com.au" or any other email account maintained by any person employed by the applicant or any related entity of the applicant; and (ii) the Microsoft OneDrive account maintained by the applicant or any related entity of the applicant. 2. The respondent pay the applicant's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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