http://www.austlii.edu.au/au/cases/cth/FCA/2014/1129.html
INTELLECTUAL PROPERTY – applicants in business of selling and developing software for use in mining industry – first respondent a former employee of the first applicant – first respondent left employment with first applicant and commenced employment with competitor company in similar role – first respondent copied applicants’ material including product source code to an external hard drive prior to resigning – material accessed by first respondent while employed by applicants’ competitor – infringement of copyright – breach of duty of confidence – breach of employment contract – breach of s 183(1) Corporations Act 2001 (Cth) – whether compensatory damages claim substantiated by applicants – s 115(2) Copyright Act 1968 (Cth) – appropriate amount of additional damages justified in circumstances of case – s 115(4) Copyright Act 1968 (Cth) – need to deter similar infringements – conduct of the first respondent after infringement– first respondent an individual rather than corporation – no demonstrable financial benefit to first respondent from infringement – no compensable loss demonstrated by applicants
PRACTICE AND PROCEDURE – applicants seeking order for return of applicants’ material in possession or control of first respondent or his current or former legal representatives – whether order specifying return of material in possession of legal representatives necessary or appropriate – only applicable if material not in control of first respondent – ability of first respondent to comply with order if material not in his control