IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2017-404-000672 [2017] NZHC 1480
BETWEEN ECOSTORE COMPANY LIMITED
Plaintiff
AND
GILLIAN HELEN WORTH Defendant
Hearing: 24 May 2017 Further submissions:
Appearances:
25 and 29 May 2017
J D McBride and L E Mannis for Plaintiff
A M Toohey for DefendantJudgment:
29 June 2017
JUDGMENT OF GILBERT J
This judgment is delivered by me on 29 June 2017 at 4.45 pm pursuant to r 11.5 of the High Court Rules.
..................................................... Registrar / Deputy Registrar
Solicitors/Counsel:
J D McBride, Barrister, Auckland
L E Mannis, Barrister, Auckland
A M Toohey, Barrister, Christchurch
ECOSTORE COMPANY LTD v WORTH [2017] NZHC 1480 [29 June 2017]
Introduction
[1] Ecostore Company Ltd is an Auckland-based manufacturer and distributor of household cleaners and body-care products. It seeks to produce products that exclude toxic and unnecessary chemicals, making them safer for people and the environment. Gillian Worth, who lives in Christchurch, was employed by Ecostore as a development chemist under two short-term contracts, each lasting a little over three months, spanning the period from 9 May 2016 to 25 November 2016.
[2] There is no dispute that throughout the period of her employment, Ms Worth transferred confidential information belonging to Ecostore to her personal email account and that she retains this information. The information includes sales data, product formulations, development ingredient databases, product test results, consumer testing information and a surfactant study plan. Ms Worth is now employed in a similar capacity by Earthwise Group Ltd, a direct competitor of Ecostore based in Christchurch.
[3] Ecostore seeks an injunction restraining Ms Worth from using its confidential information, requiring the return or destruction of all documents containing confidential information, and damages or an account of profits for any misuse of this information. Ecostore advances three causes of action as justifying this relief, breach of confidence, conversion, and breach of copyright. These causes of action are all founded on the retention and misuse of the same confidential information.
[4] The background allegations pleaded for all three causes of action refer to the terms restricting the use of confidential information in the employment agreements. These include terms: prohibiting Ms Worth, other than in the reasonable performance of her duties to Ecostore, from removing, disclosing or using any of its intellectual property without its written consent; prohibiting Ms Worth from removing, copying or transmitting any confidential information from Ecostore’s premises without its consent unless this is in the normal course of her duties; and requiring Ms Worth to respect the confidentiality of Ecostore’s confidential information at all times during and after her employment and not to divulge it to anyone or use it for any purpose other than in connection with her employment without Ecostore’s consent.
[5] Ms Toohey initially applied for an order striking out the first cause of action for breach of confidence on the grounds that the Employment Relations Authority has exclusive jurisdiction to deal with that claim. She sought a stay of the other two causes of action,…
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