Skyreach Pty Ltd v Morrison

DISTRICT COURT OF QUEENSLAND

CITATION:

Skyreach Pty Ltd v Morrison & Ors [2014] QDC 214

PARTIES:

SKYREACH PTY LTD (ACN 076 542 955)

(plaintiff)

v

DARREN JOHN MORRISON

(first defendant)

AND

RYAN JOHN CREIGHTON

(second defendant)

AND

MATTHEW BARRY SPILSBURY

(third defendant)

AND

GLOBAL HIRE AND SERVICE PTY LTD

(ACN 140 886 166)

(fourth defendant)

AND

LOCAL ACCESS PTY LTD (ACN 130 553 249)

(fifth defendant)

AND

DIMORR PTY LTD (ACN 095 233 613)

(sixth defendant)

AND

RYBURY PTY LTD (ACN 136 190 264)

(seventh defendant)

FILE NO/S:

3182/12

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court of Queensland

DELIVERED ON:

12 September 2014 Ex tempore

DELIVERED AT:

Brisbane

HEARING DATE:

12 September 2014

JUDGE:

Samios DCJ

ORDER:

1.          The defendants’ application filed 6 August 2014 is dismissed.

2.          The defendants give further disclosure in accordance with exhibit 2 to the affidavit of Stuart Charles Leslie Benjamin filed 31 July 2014 by 10 October 2014.

3.          The plaintiff’s costs reserved before Judge Botting on 8 August 2014 and the plaintiff’s costs of both applications be paid by the defendants on the standard basis.

CATCHWORDS:

EQUITY - BREACH OF OBLIGATION OF CONFIDENCE - FIDUCIARY DUTIES - where the plaintiff alleges that the first, second and third defendants being former employees of the plaintiff used confidential information of the plaintiff to set up a competing business

TRUSTS AND TRUSTEES - CONSTRUCTIVE TRUSTS - where the plaintiff seeks to charge the relevant defendants with a constructive trust - where the defendants allege that the remedy of a constructive trust is too far-reaching - whether the plaintiff could succeed in charging the relevant defendants with a constructive trust

PRACTICE - STATEMENT OF CLAIM - STRIKING OUT - where the defendants filed an application seeking to strike out certain paragraphs of the plaintiff’s statement of claim - where the defendants allege that liability as claimed by the plaintiff in the statement of claim goes beyond what is appropriate - whether the relevant paragraphs in the plaintiff’s statement of claim should be struck out of the plaintiff’s statement of claim

PRACTICE - DISCLOSURE - where the plaintiff filed an application seeking further disclosure from the defendants - where the defendants allege that further disclosure as sought by the plaintiff is too far-reaching - whether further disclosure as sought by the plaintiff should be granted

Legislation

Uniform Civil Procedure Rules 1999 (Qld) r 211, r 223

Cases

Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6

Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41

Jardin v Metcash Ltd [2011] NSWCA 409

Mercantile Mutual Custodians Pty Ltd v Village/Nine Network Restaurants and Bars Pty Ltd [2001] 1 Qd R 276

Peninsula Shipping Lines Pty Ltd v Adsteam Agency Pty Ltd [2008] QSC 317

COUNSEL:

Mr G Beacham for the plaintiff

Mr D Logan for the first, second, third, fourth, fifth, sixth and seventh defendants

SOLICITORS:

Aejis Legal for the plaintiff

MacDonnells Law for the first, third, fourth and sixth defendants

Williams Graham Carman…