Griffith v Australian Broadcasting Corporation & Anor [2011] HCATrans 98

This matter concerned an application for special leave to appeal to the High Court of Australia by the applicant, Mr Griffith, against the Australian Broadcasting Corporation and the Commonwealth of Australia. The dispute arose from a decision of the Federal Court of Australia, which had dismissed Mr Griffith's application for an injunction and damages.

The primary legal issue before the High Court was whether the Federal Court had erred in its determination that the applicant had failed to establish a cause of action for breach of confidence against the respondents. Specifically, the court was asked to consider whether the applicant had demonstrated that the information in question was imparted in circumstances importing an obligation of confidence, that the information was capable of being identified as confidential, and that there had been an unauthorised use of that information to the detriment of the applicant.

The High Court, comprising French CJ and Gummow J, considered the principles governing breach of confidence claims. Their Honours noted that the onus was on the applicant to establish each of the three elements of the cause of action. After reviewing the evidence and submissions, the Court concluded that the applicant had not satisfied the threshold requirements for establishing a breach of confidence. The Court found that the information in question was not sufficiently specific or confidential in nature, nor had it been imparted under circumstances that would give rise to an obligation of confidence. Furthermore, the Court determined that there was no evidence of unauthorised use of any confidential information to the detriment of the applicant.

Special leave to appeal was refused.