Barrett Property Group Pty Ltd v Carlisle Homes Pty Ltd (No 2) [2008] FCA 930

Barrett Property Group Pty Ltd v Carlisle Homes Pty Ltd (No 2) [2008] FCA 930

Disclosure of the confidential financial report to the applicants' CFO, but not to their CEO, is appropriate given the genuine confidentiality of the information and the risk of competitive misuse; applicants are not seriously disadvantaged in making their election given access by CFO and potential to retain industry experts.

Jurisdiction
Australia
Judgment Date
17 June 2008
Procedural Posture
Copyright Infringement / Post Liability, Orders Regarding Disclosure for Election Between Damages and Account of Profits
Outcome
Application to disclose confidential report to CEO declined; permitted to CFO subject to undertaking.
Legal Topics
['copyright Infringement' 'confidential Information' 'disclosure Obligations' 'election Between Remedies']
['intellectual Property' 'practice and Procedure'] ['copyright Infringement' 'confidential Information' 'disclosure Obligations' 'election Between Remedies']

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Procedural Posture

Copyright Infringement / Post Liability, Orders Regarding Disclosure for Election Between Damages and Account of Profits

Legal Issues

  1. 1 ["Should confidential report containing financial details be disclosed to the applicants' CEO, a trade rival, in the course of electing between damages or an account of profits?"]

Ratio Decidendi

Disclosure of the confidential financial report to the applicants' CFO, but not to their CEO, is appropriate given the genuine confidentiality of the information and the risk of competitive misuse; applicants are not seriously disadvantaged in making their election given access by CFO and potential to retain industry experts.

Court Disposition

Application to disclose confidential report to CEO declined; permitted to CFO subject to undertaking.

Orders

  • ["Respondent to permit applicants' solicitors to provide copy of confidential exhibit DJT-2 to Mr Darren Goodwin upon receipt of signed confidentiality undertaking." 'Time for election set out in order 5 of 28 April 2008 orders extended until 1 July 2008.' 'Proceeding listed for directions on 15 July 2008.' 'Costs...