Tribond Developments Pty Ltd & Ors v The Hon Kenneth Trevor Griffin, Attorney-General of the State of South Australia [1997] FCA 486

Tribond Developments Pty Ltd & Ors v The Hon Kenneth Trevor Griffin, Attorney-General of the State of South Australia [1997] FCA 486

Paragraph 16.6 of the third respondent's defence does not disclose an arguable defence to the equitable claim as the alleged 'off the record' conversation occurred after completion of the cause of action and related to matters that were not confidential; accordingly, the paragraph is struck out.

Jurisdiction
Australia
Judgment Date
28 May 1997
Procedural Posture
Civil / Interlocutory—application to Strike Out Part of Defence and for Costs
Outcome
Paragraph 16.6 of the defence struck out; costs orders made
Legal Topics
['breach of Confidence' 'pleadings—striking Out' 'costs Orders' 'confidential Information' 'defences in Equity']
['equity' 'contract' 'media Law'] ['breach of Confidence' 'pleadings—striking Out' 'costs Orders' 'confidential Information' 'defences in Equity']

Case Brief

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Procedural Posture

Civil / Interlocutory—application to Strike Out Part of Defence and for Costs

Legal Issues

  1. 1 ['Whether paragraph 16.6 of the defence of the third respondent discloses an arguable defence to the claim in equity for breach of confidence' "Whether a post-cause of action 'off the record' conversation constitutes a defence in equity" 'Whether indemnity costs should be ordered for the successful application to strike out certain pleadings']

Ratio Decidendi

Paragraph 16.6 of the third respondent's defence does not disclose an arguable defence to the equitable claim as the alleged 'off the record' conversation occurred after completion of the cause of action and related to matters that were not confidential; accordingly, the paragraph is struck out.

Court Disposition

Paragraph 16.6 of the defence struck out; costs orders made

Orders

  • ["Paragraph 16.6 of the third respondent's defence is struck out." 'Mr Esser has his costs of the notice of motion of 18 March 1997 to be taxed.' 'The third respondent pay to the applicants their costs of the application to strike out paragraph 16.6 to be taxed.' 'No orders for indemnity costs.']