Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 10) [2023] FCA 1656

Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 10) [2023] FCA 1656

The adoption of the special referees' report determined quantified damages for loss of profits, secret commissions, exemplary damages, and additional statutory damages due to defendants' breaches of fiduciary duty, copyright infringement, and inducement of contract breaches, supporting equitable remedies such as charges and rights of subrogation over property.

Parties
Applicant: Directed Electronics OE Pty Ltd; First Respondent: OE Solutions Pty Ltd; Second Respondent: Hanhwa Aus Pty Ltd; Third Respondent: Han Hwa Hightech Australia Pty Ltd; Fourth Respondent: Leemen Aus Pty Ltd; Fifth Respondent: Hanhwa Hightech Co., Ltd; Sixth Respondent: Johnny Meneses; Seventh Respondent: Craig Mills; Eighth Respondent: Kichang (Ryan) Lee; Ninth Respondent: Nathan Meneses; Tenth Respondent: Gridtraq Australia Pty Ltd; Eleventh Respondent: Webhouse Software Solutions Pty Ltd; Twelfth Respondent: Leemen Co. Ltd; Thirteenth Respondent: Quantam Telematics Pty Ltd; Fourteenth Respondent: Daniel Peter Juratowitch, Trustee of the Bankrupt Estate of Johnny Meneses
Jurisdiction
Australia
Judgment Date
21 December 2023
Procedural Posture
Commercial / Assessment of Damages Following Trial and Special Referee Report
Outcome
Judgment for applicant; damages and equitable relief awarded.
Legal Topics
Damages, Copyright, Exemplary Damages, Compensatory Damages, Constructive Trust, Subrogation, Breach of Fiduciary Duty, Inducement of Breach of Contract
Corporations Equity Intellectual Property Damages Copyright Exemplary Damages Compensatory Damages Constructive Trust +3 more

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Parties

Directed Electronics OE Pty Ltd

Applicant

OE Solutions Pty Ltd

First Respondent

Hanhwa Aus Pty Ltd

Second Respondent

Han Hwa Hightech Australia Pty Ltd

Third Respondent

Leemen Aus Pty Ltd

Fourth Respondent

Hanhwa Hightech Co., Ltd

Fifth Respondent

Johnny Meneses

Sixth Respondent

Craig Mills

Seventh Respondent

Kichang (Ryan) Lee

Eighth Respondent

Nathan Meneses

Ninth Respondent

Gridtraq Australia Pty Ltd

Tenth Respondent

Webhouse Software Solutions Pty Ltd

Eleventh Respondent

Leemen Co. Ltd

Twelfth Respondent

Quantam Telematics Pty Ltd

Thirteenth Respondent

Daniel Peter Juratowitch, Trustee of the Bankrupt Estate of Johnny Meneses

Fourteenth Respondent

Procedural Posture

Commercial / Assessment of Damages Following Trial and Special Referee Report

Legal Issues

  1. 1 Assessment of damages for breach of fiduciary duty and copyright infringement
  2. 2 Entitlement to constructive trust, charges, and subrogation rights over property
  3. 3 Quantification of compensatory and exemplary damages

Ratio Decidendi

The adoption of the special referees' report determined quantified damages for loss of profits, secret commissions, exemplary damages, and additional statutory damages due to defendants' breaches of fiduciary duty, copyright infringement, and inducement of contract breaches, supporting equitable remedies such as charges and rights of subrogation over property.

Court Disposition

Judgment for applicant; damages and equitable relief awarded.

Orders

  • Substitution of Fourteenth Respondent with Daniel Peter Juratowitch as Trustee of Bankrupt Estate of Johnny Meneses.
  • Adoption of referees' report in whole.