New Aim Pty Ltd v Leung [2021] FCA 1329

New Aim Pty Ltd v Leung [2021] FCA 1329

New Aim established a strong prima facie case of copyright infringement and a prima facie case, not a weak one, that the respondents breached statutory or equitable obligations concerning confidential supplier information. The balance of convenience favoured interlocutory injunctions because further disclosure risked destroying the confidential nature of the supplier information and making damage very difficult or impossible to quantify, while New Aim gave the usual undertaking as to damages and appeared able to satisfy any compensation order. Early discovery and disclosure were also warranted because the information sought went to the nub of the dispute and might facilitate early...

Jurisdiction
Australia
Judgment Date
26 October 2021
Procedural Posture
Application for Interlocutory Injunction, Discovery and Disclosure Orders / Interlocutory Application
Outcome
Interlocutory injunction, discovery and disclosure, confidentiality, case management and expedition orders made; costs reserved.
Legal Topics
['interlocutory Injunction' 'former Employees' 'supplier Information' 'equitable Obligations of Confidence' 'corporations Act Duties' 'copyright Infringement' 'discovery and Disclosure' 'confidentiality Orders' 'expedition']
['practice and Procedure' 'commercial and Corporations' 'commercial Contracts' 'confidential Information' 'copyright'] ['interlocutory Injunction' 'former Employees' 'supplier Information' 'equitable Obligations of Confidence' 'corporations Act Duties' 'copyright Infringement' 'discovery and Disclosure' 'confidentiality Orders' 'expedition']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction, Discovery and Disclosure Orders / Interlocutory Application

Legal Issues

  1. 1 ['Whether New Aim established a prima facie case that the respondents infringed copyright in its product images.' 'Whether New Aim established a prima facie case that the first three respondents breached obligations under s 183 of the Corporations Act 2001 (Cth) and equitable obligations of confidence by using supplier information.' 'Whether New Aim established a prima facie case that Broers Group Pty Ltd and Sun Yee International Pty Ltd breached equitable obligations of confidence.' 'Whether the balance of convenience favoured interlocutory injunctions restraining use or disclosure of supplier information and reproduction, publication or communication of images.' 'Whether early discovery and disclosure orders should be made before pleadings were completed.']

Ratio Decidendi

New Aim established a strong prima facie case of copyright infringement and a prima facie case, not a weak one, that the respondents breached statutory or equitable obligations concerning confidential supplier information. The balance of convenience favoured interlocutory injunctions because further disclosure risked destroying the confidential nature of the supplier information and making damage very difficult or impossible to quantify, while New Aim gave the usual undertaking as to damages and appeared able to satisfy any compensation order. Early discovery and disclosure were also warranted because the information sought went to the nub of the dispute and might facilitate early...

Court Disposition

Interlocutory injunction, discovery and disclosure, confidentiality, case management and expedition orders made; costs reserved.

Orders

  • ['The Court noted that the applicant by its counsel gave the usual undertakings as to damages.' "Subject to further order, until the hearing and determination of the proceeding, the respondents were restrained from reproducing or disclosing to any third party the New Aim Supplier Information without New Aim's...