Australian Consolidated Press Ltd v Morgan

Australian Consolidated Press Ltd (ACP) brought proceedings against Morgan, seeking to restrain the publication of certain articles. The dispute concerned the alleged breach of confidence by Morgan, who had been employed by ACP and had subsequently published information obtained during his employment. The matter was heard by the High Court of Australia.

The central legal issue before the High Court was whether Morgan's proposed publication of information acquired during his employment with ACP constituted a breach of confidence, and if so, whether ACP was entitled to an injunction to prevent such publication. This involved considering the nature of the information and the circumstances under which it was obtained and intended to be used.

The Court's reasoning focused on the equitable doctrine of breach of confidence. It was held that an obligation of confidence could arise from the relationship of employer and employee, particularly where the information was of a confidential nature and not publicly known. The Court distinguished between information that was merely part of the employee's skill and knowledge, which could be freely used, and specific confidential information belonging to the employer, the unauthorised disclosure of which would be restrained. The principles applied involved assessing whether the information was imparted in circumstances importing an obligation of confidence, whether the information was treated as confidential by the parties, and whether its unauthorised use or disclosure would be detrimental to the confider.

The High Court ultimately granted an injunction restraining Morgan from publishing certain information, finding that it was confidential and its disclosure would breach the obligation of confidence owed to ACP.