Federal Court of Australia
Federal Court of Australia
LK Law Pty Ltd v Karas [2022] FCA 762 File number(s): SAD 222 of 2021
Judgment of: O'SULLIVAN J
Date of judgment: 1 July 2022
Date of publication of reasons: 21 July 2022
Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking orders striking out specific paragraphs of the applicants' originating application and statement of claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) – interlocutory application seeking interlocutory injunctions restraining the applicants/cross-respondents from retaining solicitors, counsel and experts who have seen, or directly or indirectly made use of alleged confidential information, from continuing to act or perform work for the applicants/cross-respondents in the main proceedings – interlocutory application seeking an interlocutory injunction restraining the applicants/cross-respondents whether by themselves, their servants, agents, lawyers, counsel or experts retained in the proceeding on their behalf, or howsoever otherwise, from using the alleged confidential information, or any part of it or any document in which the alleged confidential information or any part of it is contained – whether information was received by the cross-respondents in circumstances importing an obligation of confidence – whether the documents have the necessary quality of confidence – whether the information within the documents in question discloses a breach of fiduciary duty and misleading and deceptive conduct so as to comprise an iniquity – prima facie case and balance of convenience – applications for interlocutory injunctions dismissed – application for strike out dismissed
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