EPP v Levy [2001] NSWSC 482

EPP v Levy [2001] NSWSC 482

There was a serious question to be tried as to whether the defendants breached contractual confidentiality restraints, specifically regarding non-public information (such as member renewal dates, know-how, and member identities not present on the internet). The balance of convenience favoured granting interlocutory remedies, and the plaintiff’s financial capacity was not so doubtful as to preclude relief. Orders sought by the plaintiff were modified to exclude public domain information.

Jurisdiction
Australia
Judgment Date
06 June 2001
Procedural Posture
Interlocutory Application / Interlocutory Judgment
Outcome
interlocutory orders granted in modified form; leave to amend statement of claim granted; security for costs application dismissed; costs orders made
Legal Topics
['confidentiality Agreements' 'interlocutory Injunctions' 'contractual Restraint' 'balance of Convenience']
['equity'] ['confidentiality Agreements' 'interlocutory Injunctions' 'contractual Restraint' 'balance of Convenience']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Judgment

Legal Issues

  1. 1 ["Whether information accessible on the internet is 'in the public domain' under contract" 'Whether defendants breached confidentiality agreements by use of non-public information' "Whether plaintiff's financial capacity affects balance of convenience" 'Whether leave to amend the statement of claim should be granted' 'Whether security for costs should be ordered']

Ratio Decidendi

There was a serious question to be tried as to whether the defendants breached contractual confidentiality restraints, specifically regarding non-public information (such as member renewal dates, know-how, and member identities not present on the internet). The balance of convenience favoured granting interlocutory remedies, and the plaintiff’s financial capacity was not so doubtful as to preclude relief. Orders sought by the plaintiff were modified to exclude public domain information.

Court Disposition

interlocutory orders granted in modified form; leave to amend statement of claim granted; security for costs application dismissed; costs orders made

Orders

  • ['Plaintiff granted leave to amend its statement of claim.' 'Defendants restrained from approaching members or former members not publicly listed on the internet for the purpose of competing services.' "Defendants restrained from using plaintiff's know-how, concepts, and business methods acquired as agents."...