Federal Court of Australia
Federal Court of Australia
New Aim Pty Ltd v Leung [2021] FCA 1329 File number: VID 547 of 2021
Judgment of: MOSHINSKY J
Date of judgment: 26 October 2021
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction – where the applicant was an online retailer of products – where the first three respondents were former employees of the applicant – where the applicant contended that the first three respondents had used confidential information concerning the identity and contact details of suppliers – where the applicant contended that there are thousands of suppliers of products in China producing products in categories corresponding to its product lines; that it undertakes very careful due diligence before selecting products and appointing suppliers; and that it treats the identity of its suppliers as confidential – whether prima facie case established – whether balance of convenience favoured the grant of an injunction – injunction granted
Legislation: Corporations Act 2001 (Cth), s 183 Federal Court of Australia Act 1976 (Cth), ss 23, 37P Federal Court Rules 2011, r 1.32
Cases cited: Australian Competition and Consumer Commission v Pacific National Pty Ltd [2018] FCA 1221 Computershare Ltd v Perpetual Registrars Ltd (2000) 1 VR 626 Norwich Pharmacal Co v Commissioners of Customs and Excise [1974] AC 133 Thomas Marshall (Exports) Ltd v Guinle [1979] 1 Ch 227
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
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