Liberty Financial Pty Ltd v Scott (No 4)

In the case of Liberty Financial Pty Ltd v Scott (No 4), the dispute revolves around an allegation of misuse of confidential information by a former employee and his new employer. The matter was heard in the Supreme Court of Victoria. The plaintiffs, Liberty Financial Pty Ltd, sought leave to file a substituted statement of claim, alleging that the defendants had improperly used confidential information. The defendants subsequently filed applications to strike out the substituted statement of claim, arguing that it did not comply with the requirements set out in a previous judgment.

The court was required to determine whether the substituted statement of claim met the necessary standards, including whether the plaintiffs had adequately identified the confidential information in question. Additionally, the court needed to consider whether the pleading was embarrassing, which could constitute an abuse of process. The defendants argued that the plaintiffs' identification of the confidential information in general terms, pending further discovery, was not permissible. The plaintiffs, on the other hand, contended that they had done sufficient to comply with the court's earlier directions.

The court found that the substituted statement of claim did indeed comply with the requirements laid down in the earlier judgment, noting that the plaintiffs had identified the alleged confidential information with sufficient particularity. The court dismissed the applications to strike out the pleading, holding that it was not embarrassing and did not constitute an abuse of process. The court also ruled that it was permissible for the plaintiffs to identify the confidential information in general terms, pending further discovery, in accordance with the principles established in Ocular Sciences Ltd & Anor v Aspect Vision Care Ltd & Ors [1997] RPC 289, and distinguished the case from Computershare Ltd v Perpetual Registrars Ltd [2000] 1 VR 626. The court further applied the principles from Creative Brands Pty Ltd v Franklin [2001] VSC 338 in reaching its decision.

The court granted the plaintiffs leave to file the substituted statement of claim and dismissed the defendants' applications to strike it out. No further orders were made by the court.