http://www.austlii.edu.au/au/cases/nsw/NSWCA/2013/2.html
EQUITY – fiduciary duty – fact-based fiduciary duty – where plaintiff granted to defendant a licence to exploit technology – finding of breach of contract through exploitation contrary to licence agreement – concurrent finding of existence and breach of fiduciary duty of defendant licensee by reason of same acts – no recognised fiduciary relationship – whether the circumstances gave rise to the fiduciary duty alleged – EQUITY – equitable obligation of confidence – licence agreement imposed confidentiality restraints with respect to information – finding of existence and breach of concurrent equitable duty of confidence – question whether equitable duty may co-exist with contractual duty not in contest – whether information said to be protected by equitable duty sufficiently identified – whether confidential quality sufficiently shown – course of trial such as to prevent adequate inquiry into those questions – need for new trial – TRADE AND COMMERCE – misleading or deceptive conduct – representation as to future matter – whether representation contrary to statute – whether order varying contract affected by such representation properly made