Ezystay Systems Pty Ltd v Link 2 Pty Ltd (No 2) [2015] NSWSC 1594

Supreme Court New South Wales

Medium Neutral Citation: Ezystay Systems Pty Ltd v Link 2 Pty Ltd (No 2) [2015] NSWSC 1594 Hearing dates: 21 October 2015 Date of orders: 29 October 2015 Decision date: 29 October 2015 Jurisdiction: Equity Before: Bergin CJ in Eq Decision: See par [57] Catchwords: INJUNCTIONS – where the defendants found to have copied and used the plaintiffs' confidential software information in creating their own software for their webpage including a booking calendar for booking accommodation in the defendants' business – where the defendants' software has been modified over time – whether an injunction should be granted prohibiting the use of software created from copying the plaintiffs' confidential software information notwithstanding its later modification.

DELIVERY UP – where defendants unilaterally destroyed computers after judgment reserved without notice to the plaintiffs or the Court – whether in the circumstances an order should be made for delivery up of documents and/or deletion of electronic files under a supervised regime.

COSTS – competing costs applications – whether the plaintiffs entitled to an award of costs on an indemnity basis. Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Anton Piller KG v Manufacturing Processes Ltd [1976] 2 WLR 162 Athens v Randwick City Council (2005) 64 NSWLR 58 Curtiss-Wright Corporation v Edel-Brown Tool & Die Co (1980) 407 NE 2d 319 Dynamic Supplies Pty Ltd v Tonnex International Pty Ltd (No 2) [2011] FCA 675 Ezystay Systems Pty Ltd v Link 2 Pty Ltd [2015] NSWSC 1105 Franke v Wiltshek (1953) 209 F 2d 493 Maggbury Pty Ltd v Hafele Australia Pty Ltd (2001) 210 CLR 181 McBride v Christie's Australia Pty Limited (No 2) [2015] NSWSC 754 McHugh v Australian Jockey Club (2014) 314 ALR 20 Tang Siew Choy v Certact Pte Ltd [1993] 1 SLR(R) 835 UBS Wealth Management (UK) Ltd v Vestra Wealth LLP [2008] EWHC 1974 (QB) Universal Thermosensors Ltd v Hibben & Ors [1992] 1 WLR 840 Texts Cited: GE Dal Pont, Law of Confidentiality, (1st ed 2015, LexisNexis Butterworths) Category: Consequential orders (other than Costs) Parties: Ezystay Systems Pty Ltd (1st Plaintiff) Ezystay Properties Pty Ltd (2nd Plaintiff) Sleeping Operations Pty Ltd (3rd Plaintiff) Sleeping with the Enemy Pty Ltd (4th Plaintiff) Sleeping in Australia Pty Ltd (5th Plaintiff) Link 2 Pty Ltd (1st Defendant) Riches Commercial Pty Limited (2nd Defendant) Gregory Moore Riches (3rd Defendant) Representation: Counsel: JC Kelly SC (Plaintiffs) JE Lazarus/SJ Lipp (Defendants)