SAI Global Property Division Pty Ltd v Johnstone [2016] FCA 1333

SAI Global Property Division Pty Ltd v Johnstone [2016] FCA 1333

The applicant was entitled to declaratory and injunctive relief as the respondent admitted breaching contractual and statutory confidentiality duties, as well as copyright and fiduciary duties. The respondent's breach of contract during the notice period by working for a competitor justified damages equal to salary...

Source-derived case information.

Parties
Applicant: SAI Global Property Division Pty Ltd; Respondent: Liam Johnstone
Jurisdiction
Australia
Judgment Date
14 November 2016
Procedural Posture
Civil / Judgment After Hearing
Outcome
Declaratory and injunctive relief granted. Damages and costs awarded in favor of applicant.
Legal Topics
Confidential Information, Copyright Infringement, Breach of Employment Contract, Breach of Statutory Duties, Costs of Litigation
Intellectual Property Contract Law Corporations Law Confidential Information Copyright Infringement Breach of Employment Contract Breach of Statutory Duties Costs of Litigation

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Summary, issues, holding and outcome

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Parties

SAI Global Property Division Pty Ltd

Applicant

Liam Johnstone

Respondent

Procedural Posture

Civil / Judgment After Hearing

Legal Issues

  1. 1 Whether respondent breached express contractual and statutory duties by copying and using confidential information and commencing employment with a competitor during notice period.
  2. 2 Whether declaratory and injunctive relief should be granted.
  3. 3 Whether SAI Global is entitled to damages, including salary paid during notice, nominal and additional damages for copyright infringement.

Ratio Decidendi

The applicant was entitled to declaratory and injunctive relief as the respondent admitted breaching contractual and statutory confidentiality duties, as well as copyright and fiduciary duties. The respondent's breach of contract during the notice period by working for a competitor justified damages equal to salary paid for that period. Additional damages for copyright infringement were awarded given the flagrancy of the respondent's conduct to deter similar breaches. The costs incurred were disproportionate; accordingly, only part of the applicant's costs after 11 December 2015 were ordered in recognition of the need for proportionate litigation under ss 37M and 37N of the Federal Court...

Court Disposition

Declaratory and injunctive relief granted. Damages and costs awarded in favor of applicant.

Orders

  • The respondent is restrained from disclosing or using any SAI Confidential Information, except as required by law or with applicant's written consent.
  • The respondent must permanently delete electronic copies or impressions of applicant's property or confidential documents in his possession, custody or control.