ICAP Australia Pty Limited v BGC Partners (Australia) Pty Limited [2005] FCA 130

ICAP Australia Pty Limited v BGC Partners (Australia) Pty Limited [2005] FCA 130

Interlocutory injunction refused as to employment of former ICAP employees by BGC, except as to orders restraining inducement of further breaches and use/removal of confidential information, because the springboard doctrine does not apply outside confidential information, employment contracts had expired or would expire imminently with no post-contractual restraints, services were not special, and damages constitute an adequate remedy.

Jurisdiction
Australia
Judgment Date
18 February 2005
Procedural Posture
Interlocutory Injunction Application / Post Ex Parte, Opposed Interlocutory Hearing, Orders Made
Outcome
Interlocutory injunction partly granted, mostly refused; application otherwise dismissed; costs awarded against applicant.
Legal Topics
['inducement of Breach of Contract' 'springboard Principle' 'confidential Information' 'special Services' 'fiduciary Duty' 'interlocutory Injunctions']
['employment Law' 'equity' 'corporations Law'] ['inducement of Breach of Contract' 'springboard Principle' 'confidential Information' 'special Services' 'fiduciary Duty' 'interlocutory Injunctions']

Case Brief

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Procedural Posture

Interlocutory Injunction Application / Post Ex Parte, Opposed Interlocutory Hearing, Orders Made

Legal Issues

  1. 1 ['Whether BGC induced ICAP employees to breach employment contracts' 'Application of the springboard principle to headstart gained by BGC' 'Whether ICAP employees owed and breached fiduciary duties' 'Whether services of ICAP employees were special services justifying injunction' 'Whether damages are an adequate remedy for ICAP']

Ratio Decidendi

Interlocutory injunction refused as to employment of former ICAP employees by BGC, except as to orders restraining inducement of further breaches and use/removal of confidential information, because the springboard doctrine does not apply outside confidential information, employment contracts had expired or would expire imminently with no post-contractual restraints, services were not special, and damages constitute an adequate remedy.

Court Disposition

Interlocutory injunction partly granted, mostly refused; application otherwise dismissed; costs awarded against applicant.

Orders

  • ['First respondent restrained from inducing breach of contract by ICAP employees who continued as at 28 January 2005, until trial or further order.' 'Fifth respondent restrained from dealing with documents comprising Schedule B information, and from interfering with Schedule B information on devices.' 'Sixth...