Digital Products Group v Opferkuch [2008] NSWSC 575

Digital Products Group v Opferkuch [2008] NSWSC 575

An interlocutory injunction may restrain the defendant from using, copying, or disclosing documents (in written or electronic form) made or obtained during employment containing confidential information as to prices or sales volumes, but cannot restrain use of general knowledge retained mentally, absent an express contractual restraint.

Parties
Plaintiff: Digital Products Group Pty Limited; Defendant: Christian Opferkuch
Jurisdiction
Australia
Judgment Date
04 June 2008
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted in part
Legal Topics
Injunctions, Confidential Information, Breach of Duty of Confidence, Employment Restraints
Equity Employment Law Injunctions Confidential Information Breach of Duty of Confidence Employment Restraints

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Parties

Digital Products Group Pty Limited

Plaintiff

Christian Opferkuch

Defendant

Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether information as to prices and volume of sales is confidential
  2. 2 Whether an injunction should restrain the use of written or electronic documents containing such information
  3. 3 Whether an injunction should restrain use of knowledge gained in the course of employment

Ratio Decidendi

An interlocutory injunction may restrain the defendant from using, copying, or disclosing documents (in written or electronic form) made or obtained during employment containing confidential information as to prices or sales volumes, but cannot restrain use of general knowledge retained mentally, absent an express contractual restraint.

Court Disposition

Interlocutory injunction granted in part

Orders

  • Defendant restrained from using, copying or showing to any person other than his legal advisers any documents (written or electronic) obtained on or prior to 8 January 2008 containing information as to prices charged or sales volumes.
  • Within seven days, defendant to file and serve affidavit concerning retention of such documents and deliver any in possession to plaintiff.