Corporate Systems Publishing Pty Ltd & Anor v Lingard & Ors

Corporate Systems Publishing Pty Ltd and another party (the applicants) sought to restrain the respondents from publishing certain information. The applicants alleged that the respondents had breached confidentiality obligations and engaged in misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). The matter came before the High Court of Australia on appeal from the Full Federal Court.

The central legal issues before the High Court were whether the respondents had breached an implied term of confidentiality in a contract between the parties, and whether their conduct in publishing the information constituted misleading or deceptive conduct under the *Trade Practices Act 1974* (Cth). The applicants also sought to establish that the respondents had misused confidential information in a manner that was unconscionable.

Gummow and Heydon JJ considered the nature of the information in question and the circumstances under which it was disclosed. Their Honours found that the information was not confidential in nature, as it was already in the public domain or readily ascertainable. Consequently, there could be no breach of an implied term of confidentiality. Furthermore, the court determined that the respondents' actions did not amount to misleading or deceptive conduct, nor was it unconscionable, as they were not acting in a way that was contrary to good conscience in the circumstances. The court emphasised that the threshold for establishing a breach of confidentiality or misleading conduct had not been met.

The High Court therefore dismissed the applicants' appeal, upholding the decision of the Full Federal Court.