Bluescope Steel Limited (ACN 000 011 058) v Kelly [2007] FCA 517

Bluescope Steel Limited (ACN 000 011 058) v Kelly [2007] FCA 517

On the balance of probabilities, Mr Kelly, directly or through K.Con, disclosed confidential information derived from Project M belonging to Bluescope or Castrip. The specific dimensions, rates, parameters and combinations of information disclosed were not shown to be public domain information or mere know-how, but were derived from Project M testing, experimentation and experience and were acquired in circumstances importing obligations of confidence. The disclosures breached the Confidentiality Agreement and general law duties of confidence. Mr Kelly also copied substantial parts of Bluescope works, establishing copyright infringement. Injunctions and an account of profits were...

Jurisdiction
Australia
Judgment Date
12 April 2007
Procedural Posture
Proceeding for Copyright Infringement, Breach of Contract and Breach of Confidence Concerning Project M Twin Roll Strip Casting Information / Reasons for Judgment After Hearing on Liability and Relief, Including Injunctions, Account of Profits and Cross Claim
Outcome
Bluescope and Castrip substantially succeeded; injunctions and an account of profits were allowed, and the cross-claim was dismissed.
Legal Topics
['copyright Infringement' 'breach of Confidence' 'confidential Information' 'employee Know How' 'confidentiality Agreement' 'injunctions' 'account of Profits' 'abuse of Process Cross Claim']
['intellectual Property' 'equity' 'contract' 'civil Procedure'] ['copyright Infringement' 'breach of Confidence' 'confidential Information' 'employee Know How' 'confidentiality Agreement' 'injunctions' 'account of Profits' 'abuse of Process Cross Claim']

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Procedural Posture

Proceeding for Copyright Infringement, Breach of Contract and Breach of Confidence Concerning Project M Twin Roll Strip Casting Information / Reasons for Judgment After Hearing on Liability and Relief, Including Injunctions, Account of Profits and Cross Claim

Legal Issues

  1. 1 ['Whether Mr Kelly and K.Con disclosed information relating to Project M to Danieli.' 'Whether the information disclosed was confidential information belonging to Bluescope or Castrip, rather than public domain information or employee know-how.' 'Whether the disclosures breached the Confidentiality Agreement and general law duties of confidence.' "Whether Bluescope's copyright in Project M works was infringed by copying substantial parts of those works." 'What injunctive relief and account of profits should be ordered.' "Whether the respondents' cross-claim alleging abuse of process should be upheld."]

Ratio Decidendi

On the balance of probabilities, Mr Kelly, directly or through K.Con, disclosed confidential information derived from Project M belonging to Bluescope or Castrip. The specific dimensions, rates, parameters and combinations of information disclosed were not shown to be public domain information or mere know-how, but were derived from Project M testing, experimentation and experience and were acquired in circumstances importing obligations of confidence. The disclosures breached the Confidentiality Agreement and general law duties of confidence. Mr Kelly also copied substantial parts of Bluescope works, establishing copyright infringement. Injunctions and an account of profits were...

Court Disposition

Bluescope and Castrip substantially succeeded; injunctions and an account of profits were allowed, and the cross-claim was dismissed.

Orders

  • ['Injunctions should restrain Mr Kelly and K.Con from disclosing to any person, or otherwise using, technical, engineering, operational, commercial or other information relating to Project M communicated to or received by Mr Kelly from Bluescope, IHI or Castrip, except information in the public domain through no...