Gold Titan Pty Ltd v Lopez [2021] FCA 918

Federal Court of Australia

Gold Titan Pty Ltd v Lopez [2021] FCA 918 File numbers: NSD 1924 of 2019 NSD 482 of 2020

Judgment of: ABRAHAM J

Date of judgment: 5 August 2021

Catchwords: CONTRACTS – whether employee breached confidentiality clause contained in employment contract – whether list containing compilation of client data "confidential" – whether the presence of details of some persons and organisations related to the business who are not clients prevents list from being a "client list" EQUITY – whether employee breached equitable obligation of confidence – whether list containing compilation of client data has necessary degree of confidence CONSUMER LAW – whether representations contained on website were misleading or deceptive – whether conduct complained of was in "trade or commerce" – whether representations contained in an email touting for business misleading or deceptive – whether mere puffery – whether representations have a tendency to lead members of class of prospective purchasers into error DEFAMATION – whether company has standing to bring defamation proceedings – whether defamatory meanings or imputations were conveyed – whether imputations carry a defamatory meaning – whether imputations published CONTRACTS – where invoice for products requested – where products received and sold – where invoice not paid – whether implied term in contract – whether supplier engaged in "disentitling conduct" limiting the purchaser's ability to sell the product – whether compensation for alleged additional work incurred by purchaser outside scope of any agreement between the parties reduces supplier's entitlements under the invoice