TICA Default Tenancy Control Pty Ltd v Datakatch Pty Ltd (No 3) [2016] FCA 1117

TICA Default Tenancy Control Pty Ltd v Datakatch Pty Ltd (No 3) [2016] FCA 1117

The relief should extend to any usernames and passwords obtained from TICA and held by the first to third respondents because, although only four were identified, they had been used to assist the design of Datakatch's software and there was a real risk of recurrence. The proceeding between the applicant and the first to third respondents was effectively a draw, so there should be no order as to costs. The fourth and fifth respondents should receive indemnity costs for the trial because the applicant ran no case against them, but ordinary costs beforehand.

Jurisdiction
Australia
Judgment Date
15 September 2016
Procedural Posture
Intellectual Property Proceeding Concerning Breach of Confidence and Copyright Infringement / Post Judgment Determination of Form of Relief and Costs After Trial
Outcome
Parties directed to bring in orders giving effect to the reasons within 7 days; disputed relief and costs issues resolved in the reasons.
Legal Topics
['breach of Confidence' 'copyright Infringement' 'confidential Usernames and Passwords' 'final Injunction' 'delivery Up' 'costs' 'indemnity Costs']
['intellectual Property' 'copyright and Industrial Designs' 'corporations' 'civil Procedure'] ['breach of Confidence' 'copyright Infringement' 'confidential Usernames and Passwords' 'final Injunction' 'delivery Up' 'costs' 'indemnity Costs']

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Procedural Posture

Intellectual Property Proceeding Concerning Breach of Confidence and Copyright Infringement / Post Judgment Determination of Form of Relief and Costs After Trial

Legal Issues

  1. 1 ['Whether relief against Datakatch, Mr Joshua and Mr Nounnis should be limited to the four usernames and passwords identified in the principal judgment or extend to any usernames and passwords of the applicant which the respondents have.' 'Whether the applicant should pay the costs of the first to third respondents or whether there should be no order as to costs.' 'Whether the applicant should pay the costs of the fourth and fifth respondents on the ordinary basis or on an indemnity basis.']

Ratio Decidendi

The relief should extend to any usernames and passwords obtained from TICA and held by the first to third respondents because, although only four were identified, they had been used to assist the design of Datakatch's software and there was a real risk of recurrence. The proceeding between the applicant and the first to third respondents was effectively a draw, so there should be no order as to costs. The fourth and fifth respondents should receive indemnity costs for the trial because the applicant ran no case against them, but ordinary costs beforehand.

Court Disposition

Parties directed to bring in orders giving effect to the reasons within 7 days; disputed relief and costs issues resolved in the reasons.

Orders

  • ['The parties bring in orders giving effect to these reasons within 7 days.']