Leica Geosystems Pty Ltd v Koudstaal (No 3) [2014] FCA 1129

Leica Geosystems Pty Ltd v Koudstaal (No 3) [2014] FCA 1129

The first respondent admitted copying a large volume of applicants' core confidential source code and associated materials to an external hard drive without authorisation, both during and after employment with the first applicant, and further admitted possessing and accessing the materials after leaving employment. This conduct constituted infringement of copyright, breach of duty of confidence, breach of relevant employment contract terms, and improper use under s 183(1) Corporations Act 2001 (Cth), justifying declaratory, injunctive, compensatory, and additional damages and other orders sought, notwithstanding the absence of proven compensable loss.

Parties
First Applicant: Leica Geosystems Pty Ltd (ACN 000 112 765); Second Applicant: Leica Geosystems AG; Third Applicant: Leica Geosystems Mining Inc; First Respondent: Andrew Koudstaal; Second Respondent: Automated Positioning Systems Pty Ltd (ACN 098 359 301)
Jurisdiction
Australia
Judgment Date
23 October 2014
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Declaratory relief, injunctions, compensatory and additional damages awards, costs orders in favour of applicants against first respondent.
Legal Topics
Copyright Infringement, Breach of Confidentiality, Employment Contract Breach, Breach of Statutory Duties (corporations Act)
Intellectual Property Employment Law Corporate Law Equity Copyright Infringement Breach of Confidentiality Employment Contract Breach Breach of Statutory Duties (corporations Act)

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 5 Authorities cited 36 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Leica Geosystems Pty Ltd (ACN 000 112 765)

First Applicant

Leica Geosystems AG

Second Applicant

Leica Geosystems Mining Inc

Third Applicant

Andrew Koudstaal

First Respondent

Automated Positioning Systems Pty Ltd (ACN 098 359 301)

Second Respondent

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Did the first respondent infringe the applicants' copyright in software and related materials?
  2. 2 Did the first respondent breach the equitable obligation of confidence owed to the applicants?
  3. 3 Did the first respondent breach his employment contract with Leica Australia?

Ratio Decidendi

The first respondent admitted copying a large volume of applicants' core confidential source code and associated materials to an external hard drive without authorisation, both during and after employment with the first applicant, and further admitted possessing and accessing the materials after leaving employment. This conduct constituted infringement of copyright, breach of duty of confidence, breach of relevant employment contract terms, and improper use under s 183(1) Corporations Act 2001 (Cth), justifying declaratory, injunctive, compensatory, and additional damages and other orders sought, notwithstanding the absence of proven compensable loss.

Court Disposition

Declaratory relief, injunctions, compensatory and additional damages awards, costs orders in favour of applicants against first respondent.

Orders

  • Declaration of copyright infringement by first respondent.
  • Declaration of wrongful use and disclosure of confidential information (breach of confidence).