Deloitte Consulting Pty Ltd v Blumberg [2000] FCA 1222

Deloitte Consulting Pty Ltd v Blumberg [2000] FCA 1222

The applicants established a seriously arguable issue that they were entitled to copyright and confidential information in the iTraxx System, given evidence of substantial work by the applicants' employees, the valuable and confidential design phase, the respondents' clandestine organisation of a competing company, and evidence suggesting access to and alteration or use of the system. Because the respondents did not put a positive case that they had plans to develop the system and the applicants faced head-start harm in e-commerce, the balance of convenience favoured granting interlocutory restraints.

Jurisdiction
Australia
Judgment Date
15 August 2000
Procedural Posture
Intellectual Property Proceeding Concerning Copyright and Confidential Information / Interlocutory Application for Injunctive and Related Relief
Outcome
Interlocutory relief granted substantially in the terms sought; costs reserved and further written submissions permitted on the enforceability of covenants in paragraph B(3) of the Amended Application.
Legal Topics
['copyright' 'confidential Information' 'trade Secrets' 'interlocutory Injunction' 'balance of Convenience' 'solicitation of Employees and Clients' 'passing Off or Misleading Representation']
['intellectual Property' 'equity' 'employment'] ['copyright' 'confidential Information' 'trade Secrets' 'interlocutory Injunction' 'balance of Convenience' 'solicitation of Employees and Clients' 'passing Off or Misleading Representation']

Case Brief

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Procedural Posture

Intellectual Property Proceeding Concerning Copyright and Confidential Information / Interlocutory Application for Injunctive and Related Relief

Legal Issues

  1. 1 ['Whether there was a seriously arguable issue that the applicants were entitled to copyright and confidential information in the iTraxx system.' 'Whether the balance of convenience favoured granting interlocutory restraints against the respondents.' 'Whether the respondents should be restrained from infringing copyright, using or disclosing confidential information or trade secrets, soliciting employees, dealing with specified clients, and making representations about authorisation or association with the applicants.']

Ratio Decidendi

The applicants established a seriously arguable issue that they were entitled to copyright and confidential information in the iTraxx System, given evidence of substantial work by the applicants' employees, the valuable and confidential design phase, the respondents' clandestine organisation of a competing company, and evidence suggesting access to and alteration or use of the system. Because the respondents did not put a positive case that they had plans to develop the system and the applicants faced head-start harm in e-commerce, the balance of convenience favoured granting interlocutory restraints.

Court Disposition

Interlocutory relief granted substantially in the terms sought; costs reserved and further written submissions permitted on the enforceability of covenants in paragraph B(3) of the Amended Application.

Orders

  • ['The applicants have leave to join Nicholas Koulbanis as the Fifth Respondent.' 'The applicants have leave to amend the Application in the form submitted to the Court on 4 August 2000.' 'The applicants gave the usual undertaking as to compensation for persons adversely affected by interlocutory orders or...