Origin Energy Limited (ABN 30 000 051 696) v Stephen Smart [2016] NSWSC 1858

Supreme Court New South Wales

Medium Neutral Citation: Origin Energy Limited (ABN 30 000 051 696) v Stephen Smart [2016] NSWSC 1858 Hearing dates: 27 October 2016 Date of orders: 15 November 2016 Decision date: 15 November 2016 Jurisdiction: Equity Before: Slattery J Decision: Declaration made that defendant breached his contract of employment and his equitable obligation of confidence to the plaintiff – defendant restrained from copying or further disseminating confidential materials Catchwords: PRACTICE AND PROCEDURE – plaintiff/employer brings application for summary judgment pursuant to UCPR, r 13.1 – plaintiff claims that defendant/employee disseminated the employer's confidential information to two competitors in breach of his contract of employment – whether the defendant breached his contract of employment and his equitable obligation of confidence to the plaintiff – whether the defendant should be restrained from using, copying or further disseminating confidential materials. Legislation Cited: Uniform Civil Procedure Rules 2005, r 13.1 Cases Cited: Agar v Hyde (2000) 201 CLR 552 Cactus Imaging Pty Limited v Glenn Peters [2006] NSWSC 717 Corrs Pavey Whiting & Byrne v Collector of Customs (Vic) (1987) 14 FCR 434 Drake Personnel Ltd v Beddison [1979] VR 13 Faccenda Chicken Ltd v Fowler [1987] Ch 117 Forkserve Pty Ltd v Pacchiarotta [2000] NSWSC 979 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Printers and Finishers, Ltd v Holloway [1965] RPC 239 Silverton Ltd v Harvey [1975] 1 NSWLR 659 Spencer v Commonwealth of Australia (2010) 241 CLR 118 Thomas Marshall (Exports) Ltd v Guinle [1979] Ch 227 Westpac Banking Corporation v Lahood [2011] NSWSC 1057 Wickstead v Browne (1992) 30 NSWLR 1 Wright v Gasweld Pty Ltd (1991) 22 NSWLR 317 Category: Principal judgment Parties: Plaintiff: Origin Energy Limited (ABN 30 000 051 696) Defendant: Stephen Smart Representation: Counsel: