Native Extracts Pty Ltd v Plant Extracts Pty Ltd (No 2) [2024] FCA 106

FEDERAL COURT OF AUSTRALIA

Native Extracts Pty Ltd v Plant Extracts Pty Ltd (No 2) [2024] FCA 106 File number(s): QUD 215 of 2020

Judgment of: DOWNES J

Date of judgment: 23 February 2024

Catchwords: INTELLECTUAL PROPERTY – whether information about extraction machine was confidential information owned by company where second respondent was former director – where machine had been identified by directors as suitable for proposed business prior to incorporation of company – where second respondent was informed about machine by third party on unrestricted basis – where evidence insufficient to establish that information was confidential information owned by company CONTRACTS – construction – scope of confidentiality clause – whether extended to information about commercially available product – where contract contained restraint of trade clause which permitted return to industry after 12 months INTELLECTUAL PROPERTY – account of profits sought against company which operated business using confidential information – where damages for loss of profits sought against other respondents in alternative – no objection taken to split election between remedies DAMAGES – assessment of quantum of lost profits from sales which would have otherwise been made – discussion of factors to be considered in calculation of damages CORPORATIONS ACT – claim that person was involved in contravention of s 183 of the Corporations Act 2001 (Cth) – claim for knowing assistance in breach of equitable and fiduciary duties – evidence insufficient to establish pleaded case – case advanced in closing submissions different to pleaded case – claim dismissed COPYRIGHT – flagrant infringement of copyright – award of additional damages