Bashford v Information Australia (Newsletters) Pty Limited

Bashford (the applicant) sought to restrain Information Australia (Newsletters) Pty Limited (the respondent) from publishing certain material. The applicant alleged that the respondent's proposed publication constituted a breach of confidence and an infringement of copyright. The matter came before the High Court of Australia.

The High Court was required to determine whether the applicant had established a prima facie case for breach of confidence and copyright infringement. Specifically, the court considered whether the information sought to be protected was confidential in nature, whether it was imparted in circumstances importing an obligation of confidence, and whether there had been an unauthorised use of that information. The court also had to assess whether the applicant's copyright in the material had been infringed.

In its reasoning, the High Court applied established principles of breach of confidence, requiring the information to be of a confidential nature, imparted under an obligation of confidence, and that there had been an unauthorised use to the detriment of the confider. Regarding copyright, the court considered the requirements for subsistence and infringement under the Copyright Act 1968 (Cth). The court found that the applicant had not established a sufficient likelihood of success on either claim to warrant the grant of an interlocutory injunction.

The High Court dismissed the application for an interlocutory injunction.