Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd

[2009] FCAFC 2

FEDERAL COURT OF AUSTRALIA

Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 2

EMPLOYMENT LAW – duties of employee – where second respondent former employee of appellant and bound by confidentiality agreement with appellant – where second respondent while employed by appellant provided first respondent with information regarding potential “business plans” in anticipation of his employment by first respondent – whether information confidential – whether provision of information a breach of fiduciary duty or s 182 of Corporations Act 2001 (Cth) – where second respondent after cessation of employment with appellant disclosed to third party the name of one of appellant’s suppliers – whether supplier’s name confidential – whether disclosure a breach of confidentiality agreement, second respondent’s fiduciary duty or s 183 of Corporations Act 2001 (Cth) – consideration of scope of ss 182 and 183 of Corporations Act 2001 (Cth).

DAMAGES – copyright infringement – where additional damages awarded to appellant pursuant to s 115(4) of Copyright Act 1968 (Cth) – whether award inadequate on basis that insufficient weight given to need to deter second respondent and ex‑employees generally.

COSTS – where separate order made as to parties’ costs in respect of their submissions as to costs – whether error in exercise of discretion by trial judge.

Corporations Act2001 (Cth) ss 182 and 183
Copyright Act 1968 (Cth) s 115(4)

Coco v AN Clark (Engineers) Ltd [1969] RPC 41 cited
Forkserve Pty Ltd v Pacchiarotta (2000) 50 IPR 74 followed
House v The King (1936) 55 CLR 499 applied
Independent Management Resources Pty Ltd v Brown [1987] VR 605 considered
Planet Fisheries Pty Ltd v La Rosa (1968) 119 CLR 118 applied
Printers & Finishers Ltd v Holloway [1965] 1 WLR 1 cited
R v Hunt; Ex parte Sean Investments Pty Ltd (1979) 180 CLR 322 cited
Robb v Green [1895] 2 QB 315 cited
Rosetex Company Pty Ltd v Licata (1994) 12 ACSR 779 followed
Wessex Dairies Ltd v Smith [1935] 2 KB 80 cited

FUTURETRONICS.COM.AU PTY LIMITED (ACN 006 327 386) v GRAPHIX LABELS PTY LTD (ACN 005 771 773) and JOHN ATTA

VID 512 of 2008

TAMBERLIN, FINN AND SUNDBERG JJ
23 JANUARY 2009
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 512 of 2008

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

FUTURETRONICS.COM.AU PTY LIMITED (ACN 006 327 386)
Appellant

AND:

GRAPHIX LABELS PTY LTD (ACN 005 771 773)
First Respondent

JOHN ATTA
Second Respondent

JUDGES:	TAMBERLIN, FINN AND SUNDBERG JJ
DATE OF ORDER:	23 JANUARY 2009
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondents’ costs of the appeal.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 512 of 2008

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: FUTURETRONICS.COM.AU…