Filby v TEG Live Pty Ltd (No. 2) [2023] NSWSC 327

Filby v TEG Live Pty Ltd (No. 2) [2023] NSWSC 327

The information conveyed by Mr Filby was vague, not communicated in circumstances importing an obligation of confidence, and was not misused. Therefore, he failed to establish grounds for breach of confidence.

Jurisdiction
Australia
Judgment Date
03 April 2023
Procedural Posture
Equity / Principal Judgment After Hearing
Outcome
Summons dismissed
Legal Topics
['breach of Confidence' 'confidential Information' 'account of Profits']
['equity'] ['breach of Confidence' 'confidential Information' 'account of Profits']

Case Brief

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Procedural Posture

Equity / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether information imparted by the plaintiff constituted confidential information' 'Whether the information was imparted in circumstances importing confidentiality' 'Whether the defendant misused the information' 'Whether entitlement to an account of profits arose']

Ratio Decidendi

The information conveyed by Mr Filby was vague, not communicated in circumstances importing an obligation of confidence, and was not misused. Therefore, he failed to establish grounds for breach of confidence.

Court Disposition

Summons dismissed

Orders

  • ["Relief sought in the plaintiff's Amended Statement of Claim dismissed" "Court's reasons not to be published for 28 days to allow consideration of non-publication orders" 'All questions concerning costs reserved for further consideration' 'Proceedings listed for directions regarding confidentiality or costs'...