Filby v TEG Live Pty Ltd (No. 2) [2023] NSWSC 327

Supreme Court New South Wales

Medium Neutral Citation: Filby v TEG Live Pty Ltd (No. 2) [2023] NSWSC 327 Hearing dates: 12, 13, 14, 15, 16, 19 September 2022 Date of orders: 3 April 2023 Decision date: 03 April 2023 Jurisdiction: Equity Before: Slattery J Decision: Summons dismissed. Directions made for the hearing of any issues in relation to costs. Catchwords: EQUITY – Breach of Confidence – claim for breach of confidence – plaintiff attends business meeting in February 2013 in which he provides information to executives of the defendant about a marketing concept that might be used to promote the tour to Australia of the boy band One Direction – when the band tours Australia the defendant uses a marketing concept with features bearing resemblance to those explained by the plaintiff in the February 2013 meeting – plaintiff sues the defendant for breach of confidence and seeks an account of profits for the defendant's use of the claimed confidential information – whether the information imparted by the plaintiff to the defendant's executives qualifies as confidential information – whether the information was imparted in circumstances importing confidentiality – whether the defendant used the information – whether if the plaintiff's case is otherwise made out, the defendant should account to the plaintiff for any profits it made from its use of the information. Cases Cited: Coco v AN Clark (Engineers) Ltd [1968] 1A IPR 587 Filby v TEG Live Pty Ltd [2022] NSWSC 1280 Moorgate Tobacco Co Ltd v Phillip Morris (No. 2) (1984) 156 CLR 414 Optus Network Pty Ltd v Telstra Corp. Ltd (2010) 265 ALR 281 Category: Principal judgment Parties: Plaintiff: Mark Filby Defendant: TEG Live Pty Ltd Representation: Counsel: Plaintiff: C. Hart Defendant: C. Gleeson