Filby v TEG Live Pty Ltd (No. 2)

In the case of Filby v TEG Live Pty Ltd (No. 2), the plaintiff, Filby, sought damages for the defendant’s alleged breach of confidence, claiming that the defendant used information he had shared in confidence during a business meeting in February 2013. The plaintiff had attended a meeting with the defendant’s executives where he discussed a marketing concept for promoting the Australian tour of the boy band One Direction. The defendant later used a marketing concept for the tour that had similarities to the one described by the plaintiff. Filby sued the defendant for breach of confidence and requested an account of profits from the use of his confidential information.

The court was tasked with determining whether the information provided by the plaintiff to the defendant’s executives was indeed confidential. It also had to consider whether the information was shared under circumstances that implied confidentiality and whether the defendant used this information in a way that amounted to a breach. Furthermore, if Filby’s case was successful, the court needed to decide if the defendant should account for any profits derived from using the plaintiff’s information.

The court concluded that the information imparted by the plaintiff was confidential, as it was specific and not generally known, and it was imparted in circumstances that imposed a duty of confidence. The court found that the defendant had indeed used this information, leading to a breach of confidence. The court found in favour of Filby on his claim for breach of confidence but declined to order an account of profits, ruling that the plaintiff had not demonstrated that the profits were attributable to the use of the confidential information.