Dunn v Green [2007] NSWSC 1369

New South Wales Supreme Court

CITATION : Dunn v Green [2007] NSWSC 1369

HEARING DATE(S) : 28 September 2007

JUDGMENT DATE : 30 November 2007

JURISDICTION : Equity Division

JUDGMENT OF : Young CJ in Eq

DECISION : Proceedings against second defendant dismissed with costs.

CATCHWORDS : CONTRACT [2]- General contractual principles- Matters not giving rise to formal contract- Plaintiff claims second defendant published photographs of her baby in contravention of alleged oral agreement- Fact plaintiff understood agreement to be binding not proof of formal contract between parties- Plaintiff's contract claim fails. INTELLECTUAL PROPERTY [1336]- Confidential information- Equitable obligations of confidence- Photographs held not to be confidential information- Plaintiff's breach of confidence claim fails.

Fair Trading Act 1987 LEGISLATION CITED : Legal Profession Act 2004, s 347 Trade Practices Act 1974 (Cth)

Beth Gurney Dunn (P) PARTIES : Maxine Green (D1) Limelight Press Pty Ltd (D2)

FILE NUMBER(S) : SC 3962/06

COUNSEL : M Tibbey (P) No appearance (D2)

SOLICITORS : Jane Gouldstone (P) No appearance (D2)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

YOUNG CJ in EQ

Friday 30 November 2007

3962/06 – DUNN v GREEN JUDGMENT 1 HIS HONOUR: On 27 July 2006, the plaintiff filed a statement of claim against two people, but she has since discontinued as against the first defendant. Accordingly, the case has proceeded only against the second defendant, Limelight Press Pty Ltd. 2 The plaintiff says that she is the mother of a baby, Hannah Elizabeth. She says, in para 4: "The plaintiff entered into a contract (hereafter 'the contract') on terms that Hannah could be photographed for a book to be published about baby massage"