Luxottica Retail Australia v Grant & Ors [2009] NSWSC 126

Luxottica Retail Australia v Grant & Ors [2009] NSWSC 126

Nominal damages awarded for breach of contract and copyright infringement because the first defendant's conduct was not a conscious wrongdoing, no benefit accrued, plaintiff acted promptly to prevent misuse, and deterrent interests did not warrant additional damages.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 March 2009
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Nominal damages awarded; additional damages refused; delivery up of documents ordered; other claims dismissed.
Legal Topics
['copyright Infringement' 'employment Contract Breach' 'nominal Damages' 'additional Damages' 'confidential Information' 'injunctions']
['intellectual Property' 'equity'] ['copyright Infringement' 'employment Contract Breach' 'nominal Damages' 'additional Damages' 'confidential Information' 'injunctions']

Source-derived case record

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ["Whether the first defendant infringed copyright by emailing employer's documents to her home address" 'Whether the first defendant breached her contract of employment by forwarding confidential information' 'Whether the plaintiff is entitled to nominal damages or additional damages for copyright infringement' 'Whether quia timet injunctive relief is warranted']

Ratio Decidendi

Nominal damages awarded for breach of contract and copyright infringement because the first defendant's conduct was not a conscious wrongdoing, no benefit accrued, plaintiff acted promptly to prevent misuse, and deterrent interests did not warrant additional damages.

Court Disposition

Nominal damages awarded; additional damages refused; delivery up of documents ordered; other claims dismissed.

Orders

  • ['Defendants to deliver up originals and all hard copies of specified documents and delete electronic copies within seven days.' 'Defendants and their legal representatives may retain copies of documents if they are exhibits until seven days after the expiration of appeal periods and must comply with confidentiality...