Mastec Australia Pty Ltd v Trident Plastics (SA) Pty Ltd (No 2)

In the case of Mastec Australia Pty Ltd v Trident Plastics (SA) Pty Ltd (No 2), the Federal Court of Australia was tasked with resolving disputes concerning the ownership and use of computer-aided design (CAD) drawings, the existence of an implied duty of confidence, and allegations of misleading or deceptive conduct under the Australian Consumer Law (ACL). Mastec Australia, the original owner of the CAD drawings used for manufacturing mobile garbage bins (MGBs), alleged that Trident Plastics, a related entity, had unlawfully used these designs. The court had to determine whether there was an implied term regarding the beneficial ownership of the CAD drawings, whether there was a duty of confidence, and if Trident Plastics' promotional material contravened the ACL by engaging in misleading or deceptive conduct. Additionally, Mastec sought to hold Mr Saurbrey, a director of Trident Plastics, accessorially liable for the alleged breaches.

The court found that Mastec was the beneficial owner of the CAD drawings concerning the product designs but not those relating to its tools. It established that Trident Plastics had made unlawful use of Mastec's confidential information and engaged in misleading or deceptive conduct in contravention of sections 18(1) and 29(1) of the ACL. The court held that Trident Plastics had exaggerated its relationship with Mastec to gain an unfair advantage in the market, making false representations in its promotional materials to prospective clients. The court held that Mr Saurbrey was accessorially liable for these contraventions.

The court granted Mastec declarations affirming its ownership of the CAD drawings and the unlawful conduct by Trident Plastics and Mr Saurbrey. It also issued injunctions against further misleading or deceptive conduct. The court adjourned the matter to allow for further submissions on the form and duration of the injunctions and other appropriate relief. This decision underscores the importance of maintaining the integrity of intellectual property and the prohibition of misleading or deceptive conduct in commercial transactions.