BlueScope Steel Limited v Somanchi [2016] FCA 4

BlueScope Steel Limited v Somanchi [2016] FCA 4

There is a strongly arguable case that the Prospective Respondent, a former employee, took and accessed confidential BlueScope IP without authorisation, breaching her contract and possibly BlueScope's copyright and confidence. Sufficient risk to the Applicants' interests and evidence preservation justifies interim prohibitory and delivery up orders, but not the full extent of the search orders sought; the extent of inspection and further orders is left to an inter partes hearing.

Parties
First Prospective Applicant: BlueScope Steel Limited; Second Prospective Applicant: Lysaght Building Solutions Pty Ltd; Prospective Respondent: Chinnari Sridevi Somanchi
Jurisdiction
Australia
Judgment Date
04 January 2016
Procedural Posture
Ex Parte Urgent Application Before Commencement of Proceeding / Interim Relief / Pre Action Orders
Outcome
Interim prohibitory and delivery up orders granted except as to inspection of delivered up material, which is deferred to a later hearing; costs reserved.
Legal Topics
Search Orders, Confidential Information, Breach of Contract, Copyright, Injunctions
Practice and Procedure Intellectual Property Search Orders Confidential Information Breach of Contract Copyright Injunctions

Case Brief

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Parties

BlueScope Steel Limited

First Prospective Applicant

Lysaght Building Solutions Pty Ltd

Second Prospective Applicant

Chinnari Sridevi Somanchi

Prospective Respondent

Procedural Posture

Ex Parte Urgent Application Before Commencement of Proceeding / Interim Relief / Pre Action Orders

Legal Issues

  1. 1 Whether the Prospective Respondent, a former employee, misused confidential information belonging to the Prospective Applicants
  2. 2 Whether interim prohibitory and delivery up orders in the nature of a search order should be granted ex parte

Ratio Decidendi

There is a strongly arguable case that the Prospective Respondent, a former employee, took and accessed confidential BlueScope IP without authorisation, breaching her contract and possibly BlueScope's copyright and confidence. Sufficient risk to the Applicants' interests and evidence preservation justifies interim prohibitory and delivery up orders, but not the full extent of the search orders sought; the extent of inspection and further orders is left to an inter partes hearing.

Court Disposition

Interim prohibitory and delivery up orders granted except as to inspection of delivered up material, which is deferred to a later hearing; costs reserved.

Orders

  • Prospective Respondent restrained from using, copying, transmitting, altering or destroying the Listed Things until further order.
  • Prospective Respondent to disclose whereabouts and deliver up Listed Things to independent lawyer within 96 hours.