Link 2 Pty Ltd v Ezystay Systems Pty Ltd

Link 2 Pty Ltd and others (the appellants) appealed to the Court of Appeal of New South Wales against orders made by a primary judge concerning injunctive relief and costs. Ezystay Systems Pty Ltd (the respondents) cross-appealed. The dispute concerned the alleged use by the appellants of confidential information belonging to the respondents, including software, business manuals, and other documents, which the respondents contended constituted a breach of statutory and fiduciary duties by directors.

The Court of Appeal was required to determine whether leave was necessary for the appellants and cross-appellants to pursue their respective appeals and cross-appeals. The appellants complained about the scope of the injunctive relief granted by the primary judge, while the cross-appellants raised issues regarding the apportionment of costs. A further issue was whether the documents in question were indeed confidential.

The Court determined that leave was required for both the appeal and the cross-appeal. Having considered the grounds raised by the parties, the Court concluded that leave to appeal and cross-appeal should be refused. Consequently, the notice of appeal and the notice of cross-appeal were dismissed as incompetent. The Court ordered that each party bear its own costs of the proceedings in the Court of Appeal.