Cannon-Brookes Services Pty Ltd v Chiu

Cannon-Brookes Services Pty Ltd brought an application against Chiu, a former employee, for several interlocutory injunctions. The company sought an order for the delivery up of devices that contained confidential information, an inspection of the devices, a prohibition on Chiu destroying information contained on the devices, and a prohibition on Chiu disclosing confidential information obtained during his employment. Chiu opposed the application. The court considered whether the application met the traditional requirements for interlocutory relief, particularly whether the applicant had a serious question to be tried and a prima facie case. The court also considered the balance of convenience and the need to protect confidential information.

The court found that the applicant had established a serious question to be tried and a prima facie case in relation to each of the reliefs sought. The applicant had demonstrated a real prospect of success at trial, and the balance of convenience favoured granting the reliefs. The court considered that there was a serious risk that confidential information would be destroyed or disclosed if the injunctions were not granted. The court found that the applicant had established that the information was confidential, and that Chiu had access to the information and devices. The court held that the applicant had demonstrated a real prospect of success at trial, and that the balance of convenience favoured granting the reliefs.

The court granted the applicant’s application for an interlocutory mandatory injunction for the delivery up of the devices, an interlocutory injunction preventing the destruction of information contained on the devices, and an interlocutory injunction restraining the disclosure of confidential information obtained in the course of employment following termination. The court ordered that Chiu deliver up all devices that contained confidential information to the applicant within seven days. The court also ordered that Chiu not destroy any information contained on the devices or disclose any confidential information obtained in the course of employment following termination.