Sanico Pty Ltd v Garrin Services Pty Ltd

Sanico Pty Ltd (the applicant) sought an interlocutory injunction against Garrin Services Pty Ltd (the respondent) to restrain the respondent from continuing to use certain confidential information and trade secrets. The dispute arose from the termination of a joint venture agreement between the parties, following which the respondent allegedly began to compete with the applicant using information obtained during the joint venture. The application was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the applicant had established a sufficient likelihood of success on the merits to warrant the grant of an interlocutory injunction. This involved determining whether the information in question constituted confidential information or trade secrets, and whether the respondent's use of this information breached any express or implied obligations of confidence owed to the applicant. The court also considered the balance of convenience between the parties in granting or refusing the injunction.

Justice McDonagh found that the applicant had demonstrated a strong prima facie case that the information was confidential and that its use by the respondent was likely to cause irreparable harm. The court applied the principles governing the grant of interlocutory injunctions, including the need for a serious question to be tried and the balance of convenience. His Honour was satisfied that the potential damage to the applicant's business if the injunction was not granted outweighed the potential prejudice to the respondent if it was.

Consequently, the court ordered that an interlocutory injunction be granted, restraining the respondent from using or disclosing the confidential information and trade secrets of the applicant until further order.