Maggbury Pty Ltd v Hafele Australia Pty Ltd

[2001] HCA 70

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Maggbury Pty Ltd
vHafele Australia Pty Ltd

Court:

Judges: Gleeson CJ
Gummow J
Kirby J
Hayne J
Callinan J

Subject References:
Contract
Confidential information
Contractual restraint upon use of 'Information'
Restraint expressed to be perpetual
Information disclosed in patent application
Proper construction of contract
Whether restraint to apply once information disclosed to public
Whether contract in restraint of trade
Restraint of trade
Contractual restraint upon use of information concerning invention
Whether confidentiality agreement constitutes an unenforceable contractual restriction on trade
Whether the restraint imposed is more than that required to protect the interests of the parties
Injunction
Confidentiality agreement between inventor and potential marketer
Substantial copying of invention found contrary to agreement
Whether injunction granted unacceptably wide
Whether injunction would involve excessive supervision by court
Permissible scope and duration of injunctive relief
'quality of confidence'

Hearing date:
Judgment date: 13 December 2001

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ORDER

Appeal dismissed with costs .

On appeal from the Supreme Court of Queensland

Representation :

S J Lee for the appellants (instructed by O'Shea Corser & Wadley)

J S Douglas QC with G C McGowan for the respondents (instructed by Aitken Walker & Strachan)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.