Additional damages at any cost Blog TMT and IP blog
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Additional damages at any cost Blog TMT and IP blog

Introduction A recent decision by the Federal Court comes amidst the start of the festive season but has left neither party with any holiday cheer. SAI Global Property Division Pty Ltd ( SAI ) brought an action against Mr Liam Johnstone, alleging that prior to his resignation he had copied two computer files to a USB containing information about customers which was confidential to SAI. SAI further alleged that Mr Johnstone copied the files to another laptop which he used in the following weeks with his new employer (who was a competitor of SAI). On the basis of these allegations, SAI asserted that Mr Johnstone had breached his employment contract with SAI, breached his obligations under sections 182 and 183 of the Corporations Act 2001 (Cth), breached his fiduciary duties owed to SAI, and infringed SAI’s copyright in the files. SAI also alleged that Mr Johnstone had breached his employment contract by working for a competitor during the two week period after his resignation. By the end of the hearing, Mr Johnstone had admitted all of the allegations above and had delivered up the laptop and USB. Mr Johnstone asserted that the reason for using the information was to […]

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