EPP Australia Pty Ltd v Levy

The case involved a dispute between EPP Australia Pty Ltd and Levy. The plaintiff sought an interlocutory injunction to prevent the defendant from disclosing confidential information obtained through their contractual agreement. The focus was on whether information accessible on the internet constitutes being in the "public domain," which would relieve the defendant from the obligation to keep the information confidential. This matter was heard and determined in the Federal Court of Australia.

The central legal issue revolved around the interpretation of the term "public domain" within the context of the confidentiality agreement. The plaintiff argued that information accessible on the internet should not be considered part of the public domain, while the defendant contended that such information was freely available and thus not subject to confidentiality. Additionally, the court had to consider the plaintiff's financial capacity to meet an undertaking as to damages, which was pertinent to determining the balance of convenience.

In delivering the judgment, the court held that information accessible on the internet does not automatically qualify as being in the "public domain." The court emphasised that the determination of what constitutes the "public domain" should be assessed on a case-by-case basis, taking into account factors such as the accessibility and reliability of the information. Furthermore, the court found that the plaintiff's financial capacity to meet an undertaking as to damages was a relevant consideration in weighing the balance of convenience. Based on these considerations, the court granted the plaintiff's application for an interlocutory injunction.

The court's final orders included an interlocutory injunction restraining the defendant from disclosing the confidential information obtained through their contractual agreement, subject to certain conditions and undertakings. The defendant was required to provide an undertaking as to damages, and the court noted the importance of the plaintiff's financial capacity in this regard. The injunction was to remain in effect until the final determination of the case or until further order of the court.