Wilson HTM Investment Group Limited & Ors v Pagliaro & Ors [2012] NSWSC 1068

Supreme Court New South Wales

Medium Neutral Citation: Wilson HTM Investment Group Limited & Ors v Pagliaro & Ors [2012] NSWSC 1068 Hearing dates: 27, 28, 29 and 31 August 2012 Decision date: 10 September 2012 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Plaintiffs entitled to damages and an injunction restraining the use of confidential information Catchwords: [CONFIDENTIAL INFORMATION] - whether revenue figures of plaintiffs' employees is confidential information - distinction between approximate revenue figures of one employee and specific revenue figures of a large group of employees.

[CONTRACT] - whether defendant aware of terms in contracts of employment requiring plaintiffs' employees to use best endeavours to promote and enhance plaintiffs' interests and not to do anything that may be harmful to plaintiffs - whether defendant aware of term requiring plaintiffs' employees not to disclose revenue figures to a competitor - whether defendant induced plaintiffs' employees to breach their employment contracts. Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Restraints of Trade Act 1976 Cases Cited: Cactus Imaging Pty Ltd v Peters [2006] NSWSC 717: (2006) 71 NSWLR 9 Cleary v Kocatekin & Seven Network (Operations) Limited [2012] NSWSC 692 Faccenda Chicken Limited v Fowler & Others [1986] 1 All ER 617 Jones v Dunkel (1959) 101 CLR 298 McCann v Switzerland Insurance Australia Limited [2000] HCA 65;(2000) 203 CLR 579 McNamara v Flavel [1988] 13 ACLR 619 OBG Ltd v Allan; Douglas v Hello! Ltd; Mainstream Properties Ltd v Young [2007] UKHL 21 [2008] 1 AC 1 News Limited & Ors v Australian Rugby Football League & Ors (1996) 139 ALR 193 One.Tel Limited (In Liquidation) v John David Rich and Ors [2005] NSWSC 226; (2005) 53 ACSR 623 Re Phillip Adamson and Others v New South Wales Rugby League Limited and Others (1991) 31 FCR 242 Stowe v Benstead and Another [1909] 2 KB 415 Texts Cited: William C Bunton, Legal Thesaurus, Macmillan Publishing Co Inc., New York, 1979 Category: Principal judgment Parties: Wilson HTM Investment Group Limited (1st Plaintiff) Wilson HTM Services Pty Ltd (2nd Plaintiff) Wilson HTM Limited (3rd Plaintiff) Joseph James Pagliaro (1st Defendant) Wren Bligh (2nd Defendant) Angus Bligh (3rd Defendant) Hamish Blanche (4th Defendant) James Hunter (5th Defendant) Ord Minnett Limited (6th Defendant) Representation: RM Smith SC/MA Friedgut (Plaintiffs) GK Rich (1st, 2nd, 4th and 5th Defendants) CRC Newlinds SC/MR Elliott (6th Defendant) Solicitors: Harmers Workplace Lawyers (Plaintiffs) Baker & McKenzie (1st, 2nd, 4th and 5th Defendants) Clifford Gouldson (3rd Defendant) Horton Rhodes (6th Defendant) File Number(s): 2012/234921 Publication restriction: Nil