Concrete Mining Structures Pty Ltd v Cellcrete Australia Pty Ltd [2015] FCA 888
Although CMS established a prima facie case for interlocutory relief, the balance of convenience—including adequacy of damages, breadth and vagueness of proposed injunction, effect on respondents' business, and valuable undertakings offered by respondents—militated against granting the interlocutory injunction.
- Jurisdiction
- Australia
- Judgment Date
- 19 August 2015
- Procedural Posture
- Interlocutory Injunction Application / Decision on Interlocutory Application
- Outcome
- Interlocutory injunction application dismissed.
- Legal Topics
- ['interlocutory Injunctions' 'breach of Confidence' 'fiduciary Duties' 'copyright Infringement']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Injunction Application / Decision on Interlocutory Application
Legal Issues
- 1 ['Whether CMS has a prima facie case for interlocutory relief regarding confidential information and copyright works' "Whether damages are an adequate remedy for CMS's claims" 'Whether the balance of convenience favours granting the interlocutory injunction']
Ratio Decidendi
Although CMS established a prima facie case for interlocutory relief, the balance of convenience—including adequacy of damages, breadth and vagueness of proposed injunction, effect on respondents' business, and valuable undertakings offered by respondents—militated against granting the interlocutory injunction.
Court Disposition
Interlocutory injunction application dismissed.
Orders
- ['Application for interlocutory injunction dismissed.' 'Costs reserved.']
Full Case Text
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