Zomojo Pty Ltd v Hurd (No 3) [2013] FCA 54

Zomojo Pty Ltd v Hurd (No 3) [2013] FCA 54

Orders are made to give effect to findings in Zomojo Pty Ltd v Hurd (No 2) [2012] FCA 1458, including constructive trusts over profits and assets derived from misuse of confidential information and breaches of duty, transfer of intellectual property to applicant, discovery, accounting for profits, and procedural orders for further assessment of quantum; cross claim dismissed.

Parties
Applicant/cross Respondent: Zomojo Pty Ltd; First Respondent/first Cross Claimant: Matthew Hurd; Second Respondent: Zeptonics Pty Ltd; Third Respondent: Crosswise Pty Ltd; Fourth Respondent: MD Hammer Pty Ltd; Fifth Respondent: Zepto Markets Pty Ltd; Sixth Respondent: Zepto Fabrics Pty Ltd; Seventh Respondent: Zeptoip Pty Ltd; Eighth Respondent: Trademach Pty Ltd; Second Cross Claimant: Jolene (Tas) Pty Ltd; Third Cross Claimant: Hurd Family Superannuation Fund
Jurisdiction
Australia
Judgment Date
05 February 2013
Procedural Posture
Federal Court Civil Proceeding / Interlocutory Orders Following Previous Judgment; Preparation for Further Trial on Quantum
Outcome
Declaratory and mandatory orders made to implement previous liability decision; cross claim dismissed; costs reserved.
Legal Topics
Constructive Trusts, Breaches of Fiduciary Duty, Confidential Information, Accounting for Profits, Patent Ownership, Discovery and Evidence Management
Equity Corporations Law Intellectual Property Constructive Trusts Breaches of Fiduciary Duty Confidential Information Accounting for Profits Patent Ownership +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Zomojo Pty Ltd

Applicant/cross Respondent

Matthew Hurd

First Respondent/first Cross Claimant

Zeptonics Pty Ltd

Second Respondent

Crosswise Pty Ltd

Third Respondent

MD Hammer Pty Ltd

Fourth Respondent

Zepto Markets Pty Ltd

Fifth Respondent

Zepto Fabrics Pty Ltd

Sixth Respondent

Zeptoip Pty Ltd

Seventh Respondent

Trademach Pty Ltd

Eighth Respondent

Jolene (Tas) Pty Ltd

Second Cross Claimant

Hurd Family Superannuation Fund

Third Cross Claimant

Procedural Posture

Federal Court Civil Proceeding / Interlocutory Orders Following Previous Judgment; Preparation for Further Trial on Quantum

Legal Issues

  1. 1 How to give effect to previous judicial findings relating to profits, trust, accounting, and intellectual property rights in relation to disputed products and software agreements.
  2. 2 Management of proceedings for assessment of quantum (profits to be accounted for), and the handling of cross claims.

Ratio Decidendi

Orders are made to give effect to findings in Zomojo Pty Ltd v Hurd (No 2) [2012] FCA 1458, including constructive trusts over profits and assets derived from misuse of confidential information and breaches of duty, transfer of intellectual property to applicant, discovery, accounting for profits, and procedural orders for further assessment of quantum; cross claim dismissed.

Court Disposition

Declaratory and mandatory orders made to implement previous liability decision; cross claim dismissed; costs reserved.

Orders

  • Applicant permitted to file further amended pleadings.
  • Hearing split between liability and quantum.