Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd (No 2)

Campaigntrack Pty Ltd, the plaintiff, brought an action against Real Estate Tool Box Pty Ltd, the third defendant, and others, seeking relief for copyright infringement, breach of contract, breach of undertakings, and breach of confidence. The plaintiff sought declarations, injunctions, and damages. The third defendant admitted infringement of copyright and misuse of confidential information, but denied the other claims. The plaintiff succeeded in part, and the third defendant was found liable for copyright infringement and misuse of confidential information. The court dismissed the claims against the other defendants.
The court was required to determine the appropriate declarations, injunctions, and damages to be awarded in respect of copyright infringement and misuse of confidential information. The court also had to consider the costs of the proceeding and whether an inquiry should be held to determine damages or profits in respect of copyright infringement and equitable damages or compensation or profits in respect of misuse of confidential information.
The court found that the declaration as to infringement on the part of the third defendant was appropriate and made an order to that effect. The court found that there was no real utility in making the declarations sought by the plaintiff and declined to make them. The court found that a constructive trust was not an appropriate remedy in the circumstances and declined to impose one. The court made an order imposing a permanent injunction on the third defendant to restrain it from reproducing or authorising the reproduction or communication to the public of the whole or a substantial part of the DreamDesk Source Code Works, the DreamDesk Database and Table Works, and the PDF Works, without the licence of the copyright owner. The court made an order requiring the third defendant to destroy or erase, on oath or affirmation, all reproductions of the DreamDesk Source Code Works, the DreamDesk Database and Table Works, and the PDF Works in its possession, custody, power, or control. The court made an order restraining the third defendant from disposing of or parting with its possession, custody, power, or control of any of the reproductions referred to in the previous order until it had fully complied with that order. The court dismissed the proceeding against the other defendants and made an order as to costs. The court made an order for an inquiry as to damages or profits in respect of copyright infringement and equitable damages or compensation or profits in respect of misuse of confidential information, to be listed for case management before Justice Thawley at 9am on 5 October 2021.