Bluescope Steel Limited (ACN 000 011 058) v Kelly No 3 [2007] FCA 1467

Bluescope Steel Limited (ACN 000 011 058) v Kelly No 3 [2007] FCA 1467

The Respondents are required to account for two-thirds of the profits obtained through their use of the Applicants' confidential information, with allowable deductions for payments to other consultants and some operating expenses, after agreed reduction for tax at 22 percent, and must pay interest at an agreed rate of 7 percent, to reflect the benefit from the use of the funds wrongfully obtained.

Jurisdiction
Australia
Judgment Date
20 July 2007
Procedural Posture
Civil / Final Judgment With Orders and Reasons
Outcome
Judgment for the Applicants against both Respondents; cross-claim dismissed.
Legal Topics
['confidential Information' 'account of Profits' 'copyright' 'interest on Judgment Debt']
['intellectual Property' 'equity'] ['confidential Information' 'account of Profits' 'copyright' 'interest on Judgment Debt']

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Procedural Posture

Civil / Final Judgment With Orders and Reasons

Legal Issues

  1. 1 ['Basis for calculation of account of profits for misuse of confidential information' 'Allowable deductions from account of profits' 'Apportionment of profits derived using confidential information' 'Entitlement to and rate of interest on the account of profits' 'Effect of tax paid on profits by Respondent']

Ratio Decidendi

The Respondents are required to account for two-thirds of the profits obtained through their use of the Applicants' confidential information, with allowable deductions for payments to other consultants and some operating expenses, after agreed reduction for tax at 22 percent, and must pay interest at an agreed rate of 7 percent, to reflect the benefit from the use of the funds wrongfully obtained.

Court Disposition

Judgment for the Applicants against both Respondents; cross-claim dismissed.

Orders

  • ['Respondents restrained from disclosing or using specified confidential information, subject to exceptions.' "Respondents restrained from infringing Applicants' copyright in specified documents." 'Judgment for Applicants against Respondents for $445,805 by way of account of profits (other than interest under s 51A...