12 Apr 1996
AKIHIRO OBA and Others v. KISHIMOTO SANGYO CO. LTD. and Another
- Citation
- AKIHIRO OBA and Others v. KISHIMOTO SANGYO CO. LTD. and Another
- Court
- Court of Appeal
- Case number
- CACV211/1995
On the facts the Court of Appeal held that breaches of the implied duty of fidelity during employment, unaccompanied by misuse of confidential information or any profit obtained by the fiduciary, attract only nominal common law damages; equitable remedies for diversion of a maturing business opportunity were not available because the production project was too embryonic at the time of resignation, no specific contract or profit had been appropriated, and causation for broad equitable relief/inquiry was not established; accordingly the trial judge's broad damages inquiry and injunction were se…