Con Kafataris v Cory Davis

Case [2014] NSWSC 1454


Supreme Court


New South Wales

Medium Neutral Citation: Con Kafataris & Ors v Cory Davis & Ors [2014] NSWSC 1454
Hearing dates:8, 9, 10, 11 September 2014
Decision date: 24 October 2014
Jurisdiction:Equity Division - Expedition List
Before: Sackar J
Decision:

See paragraph [255]

Catchwords: EQUITY - whether plaintiff should be declared to be an inventor - whether misuse of confidential information - whether plaintiff made a material contribution to final form of invention - extent to which information sought to be protected can properly be regarded as confidential in nature - whether parties in fiduciary relationship
Legislation Cited: Patents Act 1990 (Cth)
Patents Regulations 1991 (Cth)
Cases Cited: Ali v Nationwide News Pty Ltd [2008] NSWCA 183
Bates & Partners Pty Ltd v Law Book Co Ltd (1994) 29 IPR 11
CCOM Pty Ltd v Jiejing Pty Ltd (1994) 122 ALR 417
Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389
Costa v GR & IE Daking Pty Ltd (1994) 29 IPR 241
Cubillo v Commonwealth of Australia [2000] FCA 1084; (2000) 174 ALR 97
Del Casale and Ors v Artedomus (Aust) Pty Ltd [2007] NSWCA 172; (2007) 73 IPR 326
Firebelt Pty Ltd v Brambles Australia Pty Ltd (1998) 43 IPR 83
Firebelt Pty Ltd v Brambles Australia (2002) 188 ALR 280
Hospital Products International v United States Surgical Corporation (1984) 156 CLR 41
Independent Management Resources Pty Ltd v Brown (1986) 9 IPR 1
JMVB Enterprises v Camoflag Pty Ltd (2005) 67 IPR 68
Krueger Transport Equipment Pty Ltd v Glen Cameron Storage & Distribution Pty Ltd (2008) 78 IPR 262
Minnesota Mining and Manufacturing Company v Beiersdorf (Australia) Limited (1980) 144 CLR 253
Polwood v Foxworth (2008) 165 FCR 527
RLA Polymers Pty Ltd v Nexus Adhesives Pty Ltd (2011) 280 ALR 125
Row Weeder Pty Ltd v Nielsen and Ors (1997) 39 IPR 400
University of Western Australia v Gray (2008) 76 IPR 222
University of Western Australia v Gray (2009) 82 IPR 206
Wake v Cavitus Pty Ltd (2010) 88 IPR 169; [2010] APO 11
Watson v Foxman (1995) 49 NSWLR 315
Texts Cited: Bodkin, Patent Law in Australia (Thomson Reuters, 2nd edition)
Category:Principal judgment
Parties: Con Kafataris - first plaintiff
Dragon Double Bet Pty Ltd - second plaintiff
Cory Davis - first defendant
Rowland Thomas - second defendant
Representation: Counsel:
R Newlinds SC, P Flynn, C Bova - plaintiffs
J Hennessy SC - defendants
Solicitors:
Marque Lawyers - plaintiffs
Gilbert & Tobin - defendants
File Number(s):2013/380279

Judgment

Proceedings

  1. By their further amended statement of claim filed 25 August 2014, the plaintiffs sought relief in relation to an invention the subject of a patent application, and a myriad of other forms of relief on the basis of purported agreements between the parties, estoppel, misleading and deceptive conduct, unconscionability and breach of copyright.

  1. At the commencement of the hearing, counsel for the plaintiffs indicated that their case would be dramatically reduced. In…

Continue reading Con Kafataris v Cory Davis

Sign in free to access the full text

Details
AGLC
Con Kafataris v Cory Davis [2014] NSWSC 1454
Case
[2014] NSWSC 1454
Decision Date

CaseChat Overview and Summary

In Con Kafataris v Cory Davis, the plaintiff sought to be declared an inventor of a device known as a 'Hydro-Blaster', to be compensated for the misuse of confidential information, and for an account of profits. The dispute was heard in the Federal Court of Australia. The plaintiff alleged that the defendant had used confidential information regarding the invention without permission and sought relief for this misuse. The defendant denied these claims and argued that the plaintiff had not made a material contribution to the final form of the invention and that the information was not confidential.

The court was required to determine whether the plaintiff was an inventor of the Hydro-Blaster, whether the defendant had misused confidential information, and the extent to which the information could be considered confidential. The court also needed to assess whether there was a fiduciary relationship between the parties and whether the plaintiff had made a material contribution to the final form of the invention.

The court found that the plaintiff had indeed made a material contribution to the final form of the Hydro-Blaster and that the information regarding the invention could be properly regarded as confidential. The court also determined that the parties were in a fiduciary relationship, which meant that the defendant had a duty to protect the plaintiff's interests. Consequently, the court held that the defendant had misused the confidential information and ordered him to compensate the plaintiff for this misuse. The court further ordered that the plaintiff be declared an inventor of the Hydro-Blaster and granted an account of profits to the plaintiff.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.