Tribond Developments Pty Ltd & Ors v Kenneth Trevor Griffin Attorney-General of the State of South Australia & Ors [1997] FCA 338

Tribond Developments Pty Ltd & Ors v Kenneth Trevor Griffin Attorney-General of the State of South Australia & Ors [1997] FCA 338

Pars7-12 of the proposed cross-claim against Mr Esser could not stand because the Advertiser's own pleading asserted that the information provided by the Attorney-General to Mr James, and then conveyed by Mr James to Mr Esser, was not confidential. Further, the alleged breach consisted of disclosure by Mr Esser to the applicants, but the Advertiser pleaded and accepted that Mr Esser was acting as the applicants' agent, so information provided to him was in effect provided to his principals. The pleaded claim was therefore inconsistent and disclosed no sustainable breach of confidence against Mr Esser.

Jurisdiction
Australia
Judgment Date
08 May 1997
Procedural Posture
Civil Proceeding Concerning Proposed Cross Claim for Breach of Confidence Arising From Publication of Confidential Settlement Information / Interlocutory Notice of Motion Seeking Leave to Cross Claim, Treated as Raising Strike Out Objections Under O20 R2 or O11 R16 of the Federal Court Rules
Outcome
Leave was given, to the extent necessary, to make or maintain the cross-claim against the Attorney-General and the State, but pars7-12 of the proposed cross-claim against Mr Esser were to be struck out or leave to file and serve them refused. The Advertiser was given an opportunity to file and serve any reformulated...
Legal Topics
['leave to Cross Claim' 'strike Out for No Reasonable Cause of Action or Abuse of Process' 'breach of Confidence' 'off the Record Communications' 'agency' 'confidential Settlement Terms']
['civil Procedure' 'equity' 'contract' 'confidential Information'] ['leave to Cross Claim' 'strike Out for No Reasonable Cause of Action or Abuse of Process' 'breach of Confidence' 'off the Record Communications' 'agency' 'confidential Settlement Terms']

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Procedural Posture

Civil Proceeding Concerning Proposed Cross Claim for Breach of Confidence Arising From Publication of Confidential Settlement Information / Interlocutory Notice of Motion Seeking Leave to Cross Claim, Treated as Raising Strike Out Objections Under O20 R2 or O11 R16 of the Federal Court Rules

Legal Issues

  1. 1 ['Whether leave was required for Advertiser Newspapers Limited to cross-claim against the Attorney-General, the State and Kurt Esser.' 'Whether pars7-12 of the proposed cross-claim against Kurt Esser disclosed a reasonable cause of action for breach of confidence or should be struck out or refused leave.' "Whether information communicated by Mr James to Mr Esser was confidential when the Advertiser pleaded that the Attorney-General's conversation with Mr James was not confidential and not off the record." 'Whether an alleged disclosure by Mr Esser to the applicants could constitute a breach of confidence when Mr Esser was alleged and accepted to have been acting as their agent.']

Ratio Decidendi

Pars7-12 of the proposed cross-claim against Mr Esser could not stand because the Advertiser's own pleading asserted that the information provided by the Attorney-General to Mr James, and then conveyed by Mr James to Mr Esser, was not confidential. Further, the alleged breach consisted of disclosure by Mr Esser to the applicants, but the Advertiser pleaded and accepted that Mr Esser was acting as the applicants' agent, so information provided to him was in effect provided to his principals. The pleaded claim was therefore inconsistent and disclosed no sustainable breach of confidence against Mr Esser.

Court Disposition

Leave was given, to the extent necessary, to make or maintain the cross-claim against the Attorney-General and the State, but pars7-12 of the proposed cross-claim against Mr Esser were to be struck out or leave to file and serve them refused. The Advertiser was given an opportunity to file and serve any reformulated...

Orders

  • ['Leave granted, to the extent necessary, to make or maintain the cross-claim against the Attorney-General and the State in pars1-6 of the cross-claim.' 'Pars7-12 of the cross-claim were to be struck out, or if the cross-claim had no status, leave to file and serve the proposed cross-claim was refused insofar as it...