3 Aug 2010
HUNTER GRAIN LIMITED AND ANOR V RICHARD WILLIAM PRICE AND ORS HC TAU CIV-2008-470-192
- Citation
- openlaw-7b0c4501_c102_4ebd_b43c_3818dbef543a.pdf
- Court
- High Court
The court held that the implied undertaking applied to the McKenzie catalogue and to the identified emails of 3 December 2007 and 7 January 2008 and that sending the 9 October 2007 email to third parties and disclosing the listed catalogue particulars was a breach; the action plan, released in error, was properly treated by plaintiffs as a business record and its use did not breach the undertaking; the breaches were not deliberate or contumacious and strike out or stay would be disproportionate; given the special circumstances including misappropriation of the hard drive by Price and that the…