Federal Court of Australia
Federal Court of Australia
Maverick Biomaterials Pty Ltd v Abouelkheir [2021] FCA 1157 File number: QUD 298 of 2021
Judgment of: DERRINGTON J
Date of judgment: 20 September 2021
Date of publication of reasons: 23 September 2021
Catchwords: EQUITY – confidential information – whether information intended to be used by former employee required to be kept confidential by employment contract – whether former employee not entitled to use information of erstwhile employer by reason of ss 182 or 183 of Corporations Act 2001 (Cth) EQUITY – injunctions – interlocutory – evidence of former employee intending to use erstwhile employer's confidential information – evaluation of likely damage to flow from granting or not granting interlocutory injunction – balance of convenience favours granting injunction
Legislation: Corporations Act 2001 (Cth) ss 182, 183
Cases cited: SDW2 Pty Ltd v JLF Corporation Ltd [2017] QSC 1
Division: General Division
Registry: Queensland
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 35
Date of hearing: 20 September 2021
Counsel for the Applicant: Mr R Green
Solicitor for the Applicant: IRIQ Law
Counsel for the Respondent: The Respondent appeared in person
ORDERS QUD 298 of 2021
BETWEEN: MAVERICK BIOMATERIALS PTY LTD (ACN 142 628 537) Applicant
AND: MOHAMED ABOUELKHEIR Respondent
order made by: DERRINGTON J DATE OF ORDER: 20 sEptember 2021
UPON THE APPLICANT UNDERTAKING: (i) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, (to be assessed by the Court or as it may direct), to any person, (whether or not that person is a party), affected by the operation of the order or undertaking or any continuation (with or without variation) of the order or undertaking; and (ii) to pay the compensation referred to in (i) to the person affected by the operation of the order or undertaking,
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