Southern Cross Financial Group (Newcastle) Pty Ltd v Rodrigues [2005] NSWSC 621

Reported Decision : 66 IPR 166

New South Wales Supreme Court

CITATION : Southern Cross Financial Group (Newcastle) Pty Ltd v Rodrigues [2005] NSWSC 621

HEARING DATE(S) : 30, 31 May 2005; 1, 2 and 3 June 2005

JUDGMENT DATE : 3 June 2005

JURISDICTION : Equity Division

JUDGMENT OF : Young CJ in Eq

DECISION : Proceedings dismissed with costs.

CATCHWORDS : CONTRACTS [4][7][9]-Brokers of insurance and financial products-Contract for sale of goodwill in part of business based on client list-Whether contract incomplete for lack of essential terms-Whether nature of property in client list sufficiently clear-Property is ability to produce income stream from list Price must almost always be identified-Insufficient identification of price or nature of property indicated arrangement was in third class of Masters v Cameron. CORPORATIONS [105]-Directors' duties-Duty not to improperly use information gained as director-Information must be gained because of defendant's role as director. EVIDENCE [138]-Clients' status reports-Original material on which reports are based must be available if presented by non-accountant-Difficulties arising where material stored on computer. INTELLECTUAL PROPERTY [112]-Confidential information-Client contact list-Ex "employee" used list to attract clients away from former "employer"-Whether information sufficiently confidential for equity to protect in absence of express or implied contractual term-Employee entitled to rely upon retained knowledge-Nature of relationship between employer and employee and instructions given to employee important-Question of fact-Client lists generally in borderline position.

Corporations Act 2001 (Cth) ss 183, 1317E, 1317H LEGISLATION CITED : Evidence Act 1995, ss 50, 69, 135