Grow MF Pty Ltd v Parthy [2023] FCA 442

Grow MF Pty Ltd v Parthy [2023] FCA 442

The applicant established a prima facie case that the respondent breached contractual and statutory duties by removing access to core business accounts, and the balance of convenience—especially the company's ongoing operational risk and absence of prejudice to respondent—favoured restoring access and granting interlocutory relief.

Jurisdiction
Australia
Judgment Date
04 May 2023
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted restoring access to technological accounts; costs reserved.
Legal Topics
['interlocutory Injunctions' 'restoration of Access to Technological Accounts' 'employment Duties' 'confidential Information' 'copyright and Industrial Designs']
['practice and Procedure' 'intellectual Property'] ['interlocutory Injunctions' 'restoration of Access to Technological Accounts' 'employment Duties' 'confidential Information' 'copyright and Industrial Designs']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether the applicant is entitled to restoration of access to technological accounts critical to its business' 'Whether the respondent has breached contractual, statutory or equitable duties to the applicant' 'Whether interlocutory relief should be granted based on the balance of convenience and a prima facie case']

Ratio Decidendi

The applicant established a prima facie case that the respondent breached contractual and statutory duties by removing access to core business accounts, and the balance of convenience—especially the company's ongoing operational risk and absence of prejudice to respondent—favoured restoring access and granting interlocutory relief.

Court Disposition

Interlocutory injunction granted restoring access to technological accounts; costs reserved.

Orders

  • ["Respondent to restore Mr Sohan Karunaratne's GitHub account access within 2 days and notify applicant's lawyers." 'Respondent to provide Mr Karunaratne with administrator access to the Growmetrics Figma Account and notify lawyer.' "Respondent to provide applicant's lawyers with a copy of all material held on the...