SUPREME COURT OF QUEENSLAND
CITATION:
Deeson Heavy Haulage Pty Ltd v Cox & Ors [2009] QSC 277
PARTIES:
DEESON HEAVY HAULAGE PTY LTD
Plaintiffs
v
JASON MAURICE COX
First Defendant
And
MARK SHANE WATSON
Second Defendant
And
ELLEN MATTHEWS
Third Defendant
And
CENTRAL QUEENSLAND HEAVY HAULAGE PTY LTD
Fourth Defendant
FILE NO/S:
Mackay Registry S34/08
DIVISION:
Trial Division
PROCEEDING:
Hearing
ORIGINATING COURT:
Supreme Court Mackay
DELIVERED ON:
8 September 2009
DELIVERED AT:
Rockhampton
HEARING DATE:
14 15 16 17 and 18 July 2008 and 16 – 20, 23, 24 , 26 and 27 March 2009
JUDGE:
McMeekin J
ORDER:
1. Judgment for the plaintiff against the first, second and fourth defendants in the sum of $12,120 together with interest in the sum of $1684.68
2. Judgment for the first defendant on his counterclaim against the plaintiff in the sum of $4,760 together with interest in the sum of $718.76
3. The parties have liberty to apply within 7 days.
CATCHWORDS:
EMPLOYMENT LAW – OTHER RIGHTS AND DUTIES OF PARTIES – DUTY OF GOOD FAITH OWED BY EMPLOYEE – where defendant solicited work while employed by the plaintiff - whether breach
EMPLOYMENT LAW – OTHER RIGHTS AND DUTIES OF PARTIES – DUTY OF CONFIDENCE OWED BY EMPLOYEE – whether duties survive termination of contract – whether breach
EQUITY - GENERAL PRINCIPLES – RULES AND MAXIMS OF EQUITY – doctrine of clean hands - whether conduct sufficiently connected to the suit to deprive plaintiff of equitable relief
EQUITY — REMEDIES — MISUSE OF CONFIDENTIAL INFORMATION— Application of "head start" or "springboard concept" to measure of liability.
Corporations Act 2001 (Cth) s 183, s 1317H
Copyright Act 1968 (Cth) s 36
Hearne v Street (2008) 235 CLR 125
Maguire v Makaronis (1997) 188 CLR 449
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638
Mantonella Pty Ltd v Myles Thompson [2009] QCA 80
Wylie v ANI Corporation [2002] 1 Qd R 320
Del Casale v Artedomus (Aust) Pty Ltd [2007] NSWCA 172
Forkserve Pty Ltd v Pacchiarotta [2000] NSWSC 979
Colour Control Centre Pty Ltd & Anor v Ty & Ors [1995] NSWSC 96
United States Surgical Corporation v Hospital Products International Pty Ltd (1982) 2 NSWLR 766
Coco v AN Clark (Engineers) Ltd (1968) 14 IPR 587
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (1994) 37 AILR 5-018
Canadian Aero Service Ltd v. O'Malley (1973) 40 DLR (3d) 371
COUNSEL:
P Land for the plaintiff
C Heyworth-Smith for the defendants
SOLICITORS:
Wallace and Wallace for the plaintiff
Macrossan and Amiet for the defendants
McMeekin J: The plaintiff, Deeson Heavy Haulage Pty Ltd (“Deeson”), is, as its name implies, a company involved in the hauling of heavy loads. It has been involved in that business for several years.[1] It is based in Mackay. Its sole director is Mr Cameron Strathdee.
[1]Incorporated in 1999 but its principal Mr Strathdee traded as Strathdee Haulage for 20 years before that.
The fourth defendant is a competitor of the plaintiff. Its…
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- Case
- [2009] QSC 277
- Decision Date
CaseChat Overview and Summary
The court found that Cox had breached his duty of good faith by soliciting work for a competitor while still employed by Deeson. It was held that such duties do indeed survive the termination of the employment contract. The court also determined that Cox's conduct was sufficiently connected to the suit, thus allowing the application of the doctrine of clean hands. Regarding the measure of liability, the court applied the "head start" or "springboard concept," which recognises that the misuse of confidential information can provide a "head start" in the market, allowing for a more comprehensive measure of damages.
Deeson Heavy Haulage Pty Ltd was awarded judgment against Cox and others, receiving compensation of $12,120 plus interest of $1,684.68. Cox, as the first defendant, was awarded $4,760 plus interest of $718.76 against Deeson on his counterclaim. The court granted both parties the liberty to apply within seven days for any further orders.
Orders
Orders of the court
1. Judgment for the plaintiff against the first, second and fourth defendants in the sum of $12,120 together with interest in the sum of $1684.68
2. Judgment for the first defendant on his counterclaim against the plaintiff in the sum of $4,760 together with interest in the sum of $718.76
3. The parties have liberty to apply within 7 days.
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.