Action Tours Pty Limited v Dreamscape Tours Pty Ltd

Action Tours Pty Limited (the applicant) sought an interlocutory injunction against Dreamscape Tours Pty Ltd (the respondent) to restrain alleged breaches of contract and misuse of confidential information. The dispute concerned the respondent's alleged use of the applicant's proprietary tour itineraries and customer lists in operating its own tours. The application was heard in the Supreme Court of Queensland by Debrett Lyons J.

The primary legal issues before the court were whether the applicant had established a serious question to be tried regarding the alleged breaches of contract and misuse of confidential information, and whether the balance of convenience favoured the grant of an interlocutory injunction. Specifically, the court had to consider whether the respondent's actions constituted a breach of express or implied contractual terms, and whether the information allegedly misused was confidential and had been improperly obtained or used.

In determining these issues, the court applied the principles governing the grant of interlocutory injunctions, requiring the applicant to demonstrate a serious question to be tried and that damages would not be an adequate remedy. The court considered the evidence presented by both parties regarding the nature of the information, the relationship between the parties, and the respondent's conduct. The court's reasoning focused on whether the applicant had made out a prima facie case and the potential for irreparable harm if the injunction was not granted, weighing this against the potential prejudice to the respondent if an injunction was wrongly granted.

The court ultimately granted the interlocutory injunction, finding that the applicant had established a serious question to be tried and that the balance of convenience favoured the grant of the injunction. The respondent was restrained from using the applicant's confidential information and proprietary itineraries pending the final determination of the proceedings.