Prime Creative Media Pty Ltd v Vranjkovic [2009] FCA 1030

Prime Creative Media Pty Ltd v Vranjkovic [2009] FCA 1030

The information in the applicant's database, compiled by the first respondent in the course of employment, is confidential and proprietary to the applicant. Its use or retention by the respondents post-employment constitutes a breach of confidence and the respondents should be restrained from such use pending final determination.

Parties
Applicant: Prime Creative Media Pty Ltd; First Respondent: Ana Vranjkovic; Second Respondent: Motoring Matters Pty Ltd
Jurisdiction
Australia
Judgment Date
14 September 2009
Procedural Posture
Interlocutory Application / Application for Interlocutory Relief
Outcome
Interlocutory injunction granted restraining respondents from using the disputed database pending final hearing; case management conference ordered; costs in the cause.
Legal Topics
Breach of Confidence, Obligations of Good Faith and Fidelity, Copyright in Compilations, Confidential Information in Employment Context, Interlocutory Injunctions
Equity Employment Law Intellectual Property Corporations Law Breach of Confidence Obligations of Good Faith and Fidelity Copyright in Compilations Confidential Information in Employment Context +1 more

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Parties

Prime Creative Media Pty Ltd

Applicant

Ana Vranjkovic

First Respondent

Motoring Matters Pty Ltd

Second Respondent

Procedural Posture

Interlocutory Application / Application for Interlocutory Relief

Legal Issues

  1. 1 Whether the first respondent's database constituted confidential information of the applicant
  2. 2 Whether use or retention of the applicant's database constituted a breach of confidence or other legal obligation
  3. 3 Whether an interlocutory injunction restraining use of the database is warranted

Ratio Decidendi

The information in the applicant's database, compiled by the first respondent in the course of employment, is confidential and proprietary to the applicant. Its use or retention by the respondents post-employment constitutes a breach of confidence and the respondents should be restrained from such use pending final determination.

Court Disposition

Interlocutory injunction granted restraining respondents from using the disputed database pending final hearing; case management conference ordered; costs in the cause.

Orders

  • The respondents are restrained until final hearing or further order from using the specified database(s) for any purpose.
  • A case management conference is to be conducted by a Registrar to consider, among other matters, the appointment of an independent expert to examine respondents' computers for information derived from the database(s).